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THE     GALLOWS,    '     '     ' 


THE  PRISON,  m  THE  POOR-HOUSE. 


A    PLEA     FOR     HUMANITY; 


SHOWING  THE    DEMANDS   OF    CHRISTIANITY 

IN  BEHALF   OF   THE   CRIMINAL   AND 

PERISHING   CLASSES. 


BY    Q.   W.    QUINBY. 


"  It  is  not  the  will  of  your  Father  which  ia  in  Heaven  that  one  of  these 
little  ones  should  perish."    Christ. 


CrN-CESTNATI: 
n.    W.    QUINBY,   PUBLISHER, 

74   WEST    FOURTH    STREET. 
1856. 


Entered  according  to  Act  of    Congress,   in  the  year  1856,  by 
G.    W.    QUINBY, 
In  the   Clerk's  Office  of  the  District  Court,  for  the  Southern  District 
of  Ohio. 


TO    THE    HUMANE,    BENEVOLENT   AND    HOPEFUL 

OF   EVERY   SECT,    PAETY    ANg^  CREED, 

RELIGIOUS    AND    POLITICAL, 

WHO   FEELS  HIMSELF   CONNECTED   BY   THE    TIES  OF   A   COMMON   ORIGIN 
AND    A   COMMON    HUMANITY, 

TO     EVERY    OTHER    HUMAN    BEING, 

AND  WHO  NOT  ONLY  SEES  THE  WRON'GS  OF  SOCIETY,   BUT  HAS  FAITH 

THAT   THEY   CAN    BE   REMOVED,    AND    IS   WILLING   TO 

AID   IN   THEIR  REMOVAL, 

iljis  Volume  is  |lesp£dfullg  mxh  giffectionalelg  Jfbicale^, 

BY    THE     AUTHOR 


PREFACE. 

Thk  Author  of  the  following  pages,  if  he  knows  himself,  would 
place  nothing  upon  paper  to  injure  society.  What  he  writes  is  the  result 
of  years  of  investigation  and  observation,  and  is  given  to  the  world  with 
a  desire  alone  to  benefit  his  fellow-men,  especially  the  little  ones  and 
weak  of  the  human  family.  "Have  wo  not  all  one  Father,  hath  not 
one  God  created  us?'*  is  a  question  asked  by  the  ancient  Servant  of  God, 
and  answered  in  the  affirmative  by  the  Teachings,  the  Sympathies,  and 
the  Cross  of  Christ  as  well  as  the  divine  within  us.  I  am,  therefore, 
R  constituent  member  of  the  "Great  Brotherhood,'*  and  if  a  true  fol- 
lower of  my  Master,  must  not  injure  the  weakest,  the  most  sinful,  or  the 
most  ignorant  of  the  race,  but  labor  for  the  welfare  and  happiness  of 
all.  Humanity  is  never  dangerous.  In  all  ray  investigation,  my  obser- 
vation and  experience,  I  have  never  learned  that  the  study,  the  cultiva- 
tion or  the  practice  oE  this  divine  principle  would  injure  any  one.  No 
one,  therefore,  need  fear  harm  from  a  perusal  of  these  chapters,  or  a 
practical  observance  of  the  principles^ which  they  illustrate. 

Society,  throughout  the  civilized  world,  has  advanced  in  its  human- 
ities ;  but  is  there  not  room  for  still  greater  advancement?  Is  not  our 
Christianity  still  dogmatic  rather  than  practical?  These  important  ques- 
tions are  considered  at  length  in  this  work.  Crucifixion,  burning,  roast- 
ing, starving,  sawing  asunder,  were  once  deemed  indispensable  to  the 
safety  and  purity  of  society  ani  the  Church,  while  at  a  later  day 
the   whipping-post,  pillory    and   the  stocks  were  regarded  as  equally 

(v) 


VI  PRETACE. 

indispensable.  But  we  have  learned  to  live  without  these  relics  of  bar- 
barism. Can  we  not  learn  to  live  without  other  things,  equally  unneces- 
sary, even  if  they  are  less  cruel  than  the  customs  and  institutions  of  our 
fathers?  The  Inquisition  is  not  so  dreadful  as  endless  hell-fire,  but  shall 
we,  therefore,  sustain  the  Inquisition?  Shall  we  maintain  the  gibbet,  if 
unnecessary,  because  the  gibbet  is  less  cruel  than  the  faggot?  Shall  we 
practice  any  cruelty  in  the  punishment  of  our  fellow- men,  or  refuse  to 
aid  the  poor  and  unfortunate,  with  the  ploa  that  our  practices  are  more 
benevolent  than  those  of  our  ancestors,  if  a  full  and  free  play  of  our 
humanity  would  be  more  Christian  and  better  for  them,  for  us,  and  for 
society?  The  author  of  this  work  is  fully  convinced,  by  reading,  and 
more  especially,  by  personal  investigation  in  jails  and  prisons,  among 
prisoners,  and  his  intercourse  with  the  poor,  the  ignorant  and  unfortunate, 
that  the  Christian  world  is  yet  governed  too  generally  by  revenge,  and 
too  little  by  the  spirit  of  Christ  and  a  true  humanity.  The  result  of  our 
investigations  are  before  the  reader.  Our  philosophy  is  based  w^on  facts. 
It  is  not  utilitarian  but  Christian.  "Let  God  be  true  but  every  man  a 
liar." 

In  what  we  have  said  we  have  studied  for  clearness  rather  thau 
ornament  in  style.  We  have  written  for  the  heads  and  hearts  of  men 
eeeking  for  truth.  To  all  such  is  this  book  respectfully  dedicated,  and 
given  to  the  world  with  the  prayer  to  God  that,  as  imperfect  as  it  is,  it 
may  be  instrumental  in  helping  on  the  groat  cause  of  humanity. 

Cincinnati,  Octd)er,  1856. 


CONTENTS. 
PART  I. 

CHAPTER  I.    Growth  of  Humanity. 

Growth,  a  law  of  Nature — Man  in  his  Rude  State — Progress  of  Art,  Science, 
Education — The  certainty  of  Progression  in  Humanity — The  Hope  of  Doomed 
Millions— SaTageness  of  Soniety  on  the  Introduction  of  Christianity— Herod — 
Titus — Nero — Savage  Condition  of  the  Gentler  Sex — Beauty  of  the  Bible 
Amidst  this  Deformity    Page  11 

CHAPTER  n.    Progress  in  the  Last  two  Centuries. 

Inhumanity  of  France  and  England  Two  Hundred  Years  ago — Cruelty  of 
Persecution  gradually  Softened — Inhumanity  of  Louis  XIV — Inhumanity  of 
the  Pilgrim  Fathers — Persecution  of  the  Quakers — The  Softening  of  Penal 
Codes — One  Hundred  and  Fifty  Offenses  punished  with  Death  in  England — 
Codes  of  England,  Sweden,  Germany,  France,  and  Poland— Hanging  for 
Stealing  Forty  Shillings — Touching  case  of  the  Execution  of  a  Young 
Woman  in  England — Case  of  a  Young  Girl — Progress  of  Humanity  in  the 
Improvement  of  the  Poor,  Ignorant,  Sick,  and  Suffering — Extract  from 
Macaulay  20 

CHAPTER  m.    Appeal  to  Christians. 

Humanity  is  not  yet  "  Full  Grown  " — Dreadful  Evils  still  Exist — The  Conserv- 
ative has  no  desire  to  go  Back,  and  will  not  Advance — Opinions  of  Generations 
to  come  of  our  Barbarities — The  duty  of  the  Christian  to  the  Living — Chris- 
tians must  Labor  in  the  Cause  of  Humanity,  or  the  Work  must  Stop — The 
Growth  of  Humanitj'  confined  to  Christian  Countries — Dreadful  Barbarities 
of  the  Chinese — Where  Christianity  prevails  in  its  Purest  and  most  Living 
form,  there  is  the  Largest  Benevolence 37 

CHAPTER  IV.    Abolishment  of  the  Gallows. 

The  Gallows  a  Relic  of  Barbarism — It  is  Unnecessary  and  Unchristian — It 
has  been  regarded  as  1  he  Hand-maid  of  the  Church,  but  so  was  the  Pillory, 
the  Stocks,  and  the  Whipping-post — The  Charge  of  "  Morbid  Sympathy  " — It 
will  not  apply  to  the  Great  and  Good  who  have  labored  for  Reform — The  Boy 
Hung  in  Alexandria,  La. — Touching  Incidents 46 

CHAPTER  V.    Vengeance  of  the  Gallows. 

The  Gallows  an  Institution  of  Vengeance — Lynch  Law —  "  String  him  up," 
"  Stretch  his  Neck,"  "  Burn  him,"  not  Christian  Exclamations — Execution  of 
Colt  in  New  York — Declaration  of  Vengeance  of  Christian  Ladies  in  Cincin- 
nati— All  this  Foreign  from  the  Christian  Religion,  and  Condemned  by  it-  •     61 

CHAPTER  VI.    Individual  Responsibility 

Each  Citizen's  Responsibility  for  the  Acts  of  the  Gallows — Inconsistency  o 
Christians — "Thou  shalt  not  Kill" — Killing  by  Proxy — Dreadful  case  of 
Young  Boyington— So  long  as  the  Death  Penalty  remains,  can  I  shake  off  my 
Individual  Responsibility — I  wish  to  have  no  Part  or  Lot  in  the  f^hedding  of 
Human  Blood— The  Authority  of  the  State  to  Kill— Has  it  such  Authority  ?— 
Argument  of  Rantoul 56 


(vii) 


fill  CONTENTS. 

OHAPTER  Vn,    Irremediabilitr. 

Execution  of  the  Innocent— The  Evil  can  not  be  Eemedied— Declaration  of 
Lafayette— Execution  of  the  Innocent  during  the  French  Revolution — 
Injustice  of  Executing  the  Innocent — Instance  of  the  Imprisonment  of  an 
Innocent  Man— Execution  of  an  Innocent  Man  in  Indiana— Execution  of  a 
Poor  German— Execution  of  an  Innocent  Young  Girl— Innocent  Man  Hung 
in  England— Circumstantial  Evidence  not  to  be  relied  on — Positive  Evidence 
not  always  Certain — Extract  from  O'Connel 67 

CHAPTER  Vin.    The  Bible  Argument 

The  Death  Penalty  forbidden  by  the  Christian  Scriptures— Authority  of  the 
Scriptures  above  Human  Authority — The  Lex  talionis  of  the  Jews— The  Law 
of  Love,  the  Christian  Law — Touching  Accounts  of  recent  Executions — All 
Christian  Codes  must  Harmonize  with  the  Law  of  Love — The  Old  Covenant 
not  binding  on  Christians 85 

CILAJPTER  IX.    Covenant  with  Noah— Moses. 

Is  it  Positive,  Universal,  and  Perpetual  ?— Accidental  Killing— Killing  in  Self- 
defense,  or  in  Defense  of  one's  Country,  must  be  visited  with  Death — The 
Executioner  must  be  Slain— Death  Penalty  not  known  till  the  Year  of  the 
World  1660 — Cain  not  put  to  Death — Lamech  not  put  to  Death — Moses  a 
Murderer  and  not  Slain — Numerous  other  cases  of  the  same  Description — 
God  did  not  Himself  regard  the  Declaration  to  Noah— The  true  Rendering  and 
Teaching  of  the  Text— Opinion  of  Learned  Men — Evidence  conclusive  against 
the  Continuance  of  the  Gallows 95 

CHAPTER  X.    Gallows  Unnecessary. 

The  Death  Penalty  not  necessary  to  Personal  or  Social  Security— We  have 
strong  Prisons — The  Murderer  is  not  secured  by  the  present  Law—Difficult  to 
Convict— Facts  from  the  Criminal  Records  in  the  United  States  and  England 
— There  is  a  Repugnance  to  taking  Human  Life — If  not  Convicted  the  Mur- 
derer returns  to  Society — With  the  Penalty  of  Imprisonment  for  Life,  he 
would  be  secured 145 

CHAPTER  XI.    Difficult  to  Enforce  the  Law. 

Scruples  of  Jurors— Loth  to  Convict— The  condition  of  Criminal  Jurisprudence 
in  Ohio,  as  presented  by  a  Cincinnati  Editor— The  cause  of  Laxity  on  the  part 
of  Jurors  to  Convict— The  Gallows  stands  in  the  way  of  Justice— It  Facilitates 
the  Escape  of  the  Guilty — Folly  of  Instituting  Laws  which  can  not  be  Enforced 
Criminal  Jurisprudence  in  Hamilton  County,  Ohio,  for  Fifteen  Years — Large 
number  of  Murders- But  one  Hung— How  it  worked  in  England— France.  154 

CHAPTER  Xn.    Executions  Deleterious  as  Examples. 

The  Gallows  a  Terror  to  Evil  Doers— This  is  nn  Error— The  Reverse  is  True- 
Facts  adduced  in  Proof— The  Gallows  hidden  from  the  Public  in  fifteen  States 
— Lecount's  Execution — Certainty  of  Punishment  more  Salutary  than  Severity 
— Opinion  of  Jurors— How  it  worked  in  England  and  other  Countries — Inter- 
esting Incidents — Testimony  of  RantoulandLivingston — Proofs  Conclusive*  171 

CHAPTER  Xm.    Result  of  Experience  Favorable. 

Men  ask  for  Practical  Proofs — States  and  Countries  have  tried  Abolishment — 
Result  Favorable — Trial  in  Maine — No  Executions  in  Twenty-two  Years — 
Vermont — Massachusetts — Michigan — Wisconsin — Effects  of  the  Softening  of 
Penal  Codes  in  England  and  other  Countries — Effects  of  Abolishment  in 
Tuscany — Tuscany  compared  with  Rome — Effects  of  Abolishment  in  Belgium — 
Also  in  Bombay  and  Russia 191 


CONTENTS.  "S^ 

CHAPTER  XIV.    Philosophy  of  Humanity  Favorable. 

Validity  of  our  Philosophy  doubted — Kindness  in  the  Government  of  Home 
and  the  Family — A  State  or  Nation  a  Family — Want  of  Faith  in  Goodness  to 
overcome  Evil — Saying  of  the  French  Sage— Example  of  the  State — Conversa- 
tion of  the  Monk  and  the  Executioner — Influence  of  Bloody  Examples — 
Sacredness  of  Human  Life  should  he  enforced — Early  Training  of  Children — 
The  Quakers  free  from  Crime — Children  of  Newgate  Criminals 212 

CHAPTER  XV,    Ends  of  Punishment  not  Answered. 

Three  objects  of  Punishment — Reformation — Example — Reparation — What 
Punishment  is — What  Revenge  is — The  Christian  Law — Strangling  men  will 
not  Reform  them — It  is  not  an  Example  of  Good — It  can  not  restore  the  Life 
of  the  Murdered  Victim 218 

CHAPTER  XVI.     Objections  Considered. 

The  Murderer  not  fit  to  Live — Give  him  time  to  Repent,  then  Hang  him — Not 
entitled  to  Live — Sufferings  of  the  Innocent — Interesting  Incident — Lecount 
and  his  Mother — Col.  Hayne  and  his  Son — James  Dawson  and  bis  intended 
Bride— Conclusion 222 


% 


PART  II. 
THE    PRISON. 

CHAPTER  I.    Crime— The  Criminal  and  the  Prison. 

Crime  in  New  York  City,  Philadelphia,  and  the  United  States — Crime  in  Great 
Britain  and  France — Crime  in  Christendom — Five  Hundred  Thousand  Crimi- 
nals in  the  Christian  World — What  shall  be  done  with  them — Mad-Houses  in 
the  Past — Prisons  in  the  Past — Ti-eatment  of  Prisoners  regarded  as  Incurable 
—Dreadful  Cruelty 231 

CHAPTER  II.    Demands  of  Christianity. 

What  Shall  we  do  with  the  Criminal? — He  belongs  to  the  Body  Politic — Christ 
the  Head  of  every  Man — Christians  still  destitute  of  Sympathy — No  Patience 
for  the  Criminal — Patience  of  Christ — Patience  of  God— Story  of  Abraham 
and  the  Sinner — Imperfection  of  Humanity— God  the  Common  Father — We  are 
all  Members  of  the  same  Family — Christ  came  to  Bless  all,  but  especially  the 
Sinful  and  Unfortunate 237 

CHAPTER  III.    Abandoned  Vagrant  Children. 

Crime  in  Embryo — Abandoned  Vagrant  Children — Twenty-two  Thousand  in 
New  York  City — Dogma  of  Total  Depravity  False  and  Pernicious — Necessity 
of  a  Proper  Culture — Good  Seed  and  Soil  in  every  Soul — Interesting  Inci- 
dent at  Long  Island  Farms — What  the  State  is  doing  to  Crush  these  Little 
Ones — Doing  Nothing  for  them — Children  Seven  years  old  in  Jail — What  it 
should  do  in  their  Behalf— Ohio  Penitentiary — New  York — JIassachusetts — 
Vermont — Benevolent  Societies  not  Suflicient 243 

CHAPTER  IV.    The  Criminal— His  Treatment. 

The  Small  Offender— Treatment  not  Reformatory— The  Rookery— The  House 
of  Correction— The  Jail— Unfortunate  Females— Their  Treatment— Should  le 
Aided  and  Encouraged— The  State  never  Aids  them — How  it  works  in  New 
York,  Philadelphia,  Cincinnati — Experience  of  Isaac  Hopper,  the  Philanthropist 
—Interesting  Incident — Prisons  for  Small  Offenders  should  resemble  a  House 
of  Reform— The  Duty  of  the  State—Individual  Effort  not  SuflBicient 257 


4i 


„.# 


X  CONTENTS. 

t3HAPTER  V.    The  Jail  and  the  Penitentiary. 

Need  of  Eeform  in  the  Common  Jail— Congregated  System  Injurious— Jail  in 
Cincinnati— The  Influence  of  the  Old  Criminal  on  the  Young— Present  System 
makes  Ciminals — Facts  Related — Importance  of  Labor — Expense  of  Maintain- 
ing the  Prisoner  in  Idleness— Reformation  of  the  Offender  the  most  Important 
Consideration — The  Penitentiary — The  Old  System — Progress  already  made — 
More  to  be  Done— Work  of  Howard,  the  Philanthropif-t- Eastern  Penitentiary 
of  Pennsylvania — Separate  System — Its  Advantages— Ignoi-ance  the  Cause 
of  Crime — Reform  needed  in  the  Educational  Department — Also  in  the  Dis- 
ciplinary— Power  of  Kindness— Prisoners  should  be  Encouraged  when  in  Prison 
and  when  they  return  to  the  World— Interesting  Facts 268 


PART    III 


THE    POOR    HOUSE. 

CHAPTER  I.    Perishing  Ones. 

Poverty  in  Christian  Lands— England— France— Ireland — Scotland — United 
States — London — New  York — Pauperism — Beggary — Needle  Women — Interest- 
ing Incident — Death  by  Starvation  in  Philadelphia  and  Cinciiiiiati — Romance 
of  a  Shirt — Suffering  in  Philadelphia — Working  Classes  in  Great  Britain — 
United  States — Many  of  them  Slaves — Family  Stowage  in  New  York — Inhu- 
uianity  of  Christians. 293 

CHAPTER  n.    Jesus  and  the  Poor. 

The  Life  and  Spirit  of  Christ— His  Humility— Design  of  Christianity— Christ 
Unfelt  in  the  Church— Christianity  Provides  for  the  Wants  of  the  Body,  as 
well  as  the  Wants  of  the  Soul — Christians  Neglect  Poor  3Ien's  Bodies  in  their 
Attention  to  the  Soul — Catholic  Church — Its  Neglect  of  the  Poor — A 
Farce 305 

CHAPTER  m.    Character  of  our  Christianity. 

Personal  and  National  Pride  and  Fashion  hold  Rule  in  the  (Ihurch — Charity 
thrust  out — I/anded  Estates  of  Great  Britaiu  in  Possession  of  the  Aristocracy — 
Twenty-six  Millions  destitute  of  a  Foot  of  Territory — The  Church  the  Aris- 
tocracy— Cost  of  maintaining  it  comes  upon  the  Poor— Enormous  Expense  of 
maintaining  the  Royal  Family-  Facts  Stated — Christ  r.ud  the  British  Queen — 
France,  and  her  Millions  expended  for  Ornament — Spain  and  her  Christianity — 
Strange  Charity  of  a  Queen — What  America  i:f  doing 312 

CHAPTER  IV.    An  Appeal. 

Oneness  of  the  Human  Family — Dependence  of  all  Classes  Mutual — Appeal 
to  Members  of  our  National  Councils — To  Christian  IMinisters,  Lawyers, 
Doctors,  Teachers,  Artists,  Farmers,  Mechanics  Traders,  the  Old  and  Young 
the  Learned  and  Ignorant,  to  help  in  the  Geo  J  Work — Brighter  Day  Dawning — 
Conclusion 323 


THE   GALLOWS,    THE   PRISON,   AND 
THE   POOR-HOUSE. 


CHAPTER    I. 

THE    GROWTH    OF    HUMANITY. 

Growth,  a  law  of  Nature— Man  in  his  rude  State— Pro Rress  of  Art,  Science,  Educa- 
tion—Power, destitute  of  Benevolence,  a  Curse— The  certainty  of  Progression  in  Hu- 
manity-—The  Hope  of  doomed  Millions— Savageness  of  Society  on  the  introduction  of 
Christianity— Herod  the  ci-nel— Titus,  "  the  Darling  of  Mankind"— Nero— Savage  con- 
dition of  the  most  refined  Women— The  Beauty  of  the  Gospel  amidst  this  Deformity. 

Growth,  improvement,  progression,  seem  a  law  of  na- 
ture, and  tlie  destiny  of  our  race.  Even  the  earth,  itself, 
is  not  destitute  of  active  forces.  Each  moment  the  old 
is  passing  into  newness  of  life.  The  mass  of  matter 
which,  in  the  beginning,  is  said  to  have  been  "  without 
form  and  void,"  has  become  the  beautiful  world  which 
surrounds  us.  In  this  perpetual  recreation,  noble  forests, 
luxuriant  meadows,  beautiful  shrubbery  and  fragrant 
flowers  of  a  thousand  tints  have  sprung  into  being,  ren- 
dering charming  the  earth-home  which  our  good  Father 
has  given  us  for  a  brief  time.  ^. 

Man,  too,  is  progressive  in  the  elements  of  his  being — 
in  his  INTELLECT  and  his  heart.  At  first  he  was  rude. 
His  ideas  were  simple  and  his  wants  few.  The  bear  was 
better  fed,  and  the  panther  better  armed,  than  he 

Thus  was  he  thrown  upon  his  own  resources.  Neces- 
sity gave  him  energy.  He  sewed  fig  leaves  and  covered 
his  nakedness.  He  had,  too,  his  brain  and  his  two  hands 
with  which  to  labor;  but  no  work-shop — no  mill,  and  no 

(11) 


12 


THE   GROWTH   OF   HUMANITY. 


steam-engine.  At  length  he  constructed  his  stone  axe, 
and,  by  degrees,  his  saw  and  sledge-hammer.  Then  he 
forsook  his  cave-home  and  dwelt  in  his  rude  hut.  But 
he  tarried  not  here;  for  while  the  bear  is  only  and  always 
a  bear,  no  more  and  no  less,  from  age  to  age— boasting 
only  of  his  fur  coat,  his  claws  and  his  teeth — there  is 
something  divine  in  man  which  prompts  him  to  activity 
and  improvement,  and  to  look  beyond  the  mere  supply  of 
his  necessities,  and  aim  at  comfort,  elegance  and  beauty. 
Hence  the  rude  hut  gradually  passed  into  a  habitation 
of  refinement.  '  Simple  studs  and  rafters  became  col- 
umns, arches  and  domes;  and  so,  at  length,  followed  out  in 
all  their  detail  of  order  and  beauty,  the  plinth,  die,  cor- 
nice, base,  capital,  architrave  and  mouldings,  to  give 
symmetry,  finish  and  perfection  to  the  structure;  and 
thus  architecture  became,  by  degrees,  a  fine  art.  And 
what  have  we  now  ?  Lift  up  your  eyes  and  behold  the 
thousands  of  magnificent  cities  that  dot  the  earth; — the 
grandeur  of  their  temples  and  public  edifices; — our  mills, 
with  their  millions  of  spindles  and  thundering  looms  ; — 
our  work  shops,  with  their  multiplied  implements  for 
construction  ; — our  improvements  in  the  arts  of  hus- 
bandry and  in  the  modes  of  commerce.  Behold  oceans 
spanned,  and  nations  linked  by  steam-ships — and  coun- 
tries welded  by  iron  bars,  over  which  people  of  a  thous- 
and realms  pass  in  flying  palaces  drawn  by  fiery  steeds. 

The  same  law  of  development  prevails  in  Philosophy 
and  Science. 

The  crucible  and  the  telescope,  the  galvanic  battery 
and  the  revelations  of  philosophy,  as  directed  by  human 
research  and  ingenuity,  have  astonished  the  world.  The 
earth,  once  thought  to  be  the  center  and  bulk  of  the  uni- 
verse, now  dwindles  beneath  our  feet  to  a  mere  point; 
while  the  twinkling  stars,  regarded  by  the  ancients  as 


THE  GROWTH   OF   HUMANITY.  IS 

SO  many  lamps  suspended  in  the  midway  heayens  for  the 
convenience  of  our  earth,  now  burst  upon  us  with  all  the 
grandeur  of  stupendous  worlds,  peopled  with  millions 
t)f  sentient  beings,  and  spinning  through  the  heavens 
with  the  velocity  of  lightning,  and  the  order  and  pre- 
cision of  mathematical  certainty. 

I  suppose  there  are  but  few  or  none  in  any  community 
disposed  to  contradict,  or  even  to  doubt,  the  development 
of  which  I  speak,  as  connected  with  the  Material  or  the 
Intellectual.  All  men  of  thought,  who  know  anything 
of  the  past,  are  certain  that  the  world  is  progressing  in 
learning,  philosophy,  science,  art,  political  economy  and 
a  true  civilization.  But  all  men  of  thought  are  not  cer- 
tain that  the  race  is  progressing  in  Humanity.  On  the 
contrary,  many  affirm  that  the  world,  like  a  patient  hope- 
lesssly  sick,  is  getting  no  better,  but  worse  continually; 
more  corrupt,  wicked  and  oppressive,  and  less  kind,  be- 
nevolent and  humane.  Such  persons  are  always  doubt- 
ing the  mollifying  influences  of  the  Christian  religion,  and 
the  prophetic  declarations  of  the  Bible  with  reference  to 
the  growth  of  humanity  among  the  nations.  And  not 
only  so,  but  they  are  constantly  regretting  that  they  were 
born  into  the  world  at  so  late  a  period.  "  x\h  !"  they 
groan,  "  the  times  are  not  what  they  once  were  !  The 
days  of  our  good  old  fathers  were  happy  days.  There 
was  less  oppression  and  more  humanity  than  now,  and  a 
great  deal  more  true  enjoyment."     So  chime  the  croakers. 

It  is  strange  that  while  society  is  moving  forward  with 
eager  speed,  that  so  many  should  be  filled  with  doubt, 
and,  dissatisfied  with  the  present,  should  look  back  and 
with  regrets  so  tender,  sigh  for  the  "  good  old  days" 
of  the  dark  ages. 

I  desire,  then,  in  the  beginning,  to  show  to  this  class, 
and  to  all.  the  sure  growth  of  the  human  soul  in  the 


14  THE  GROWTH  OF  HUMANITY. 

divine  principle  of  benevolence.  I  wish  to  demonstrate 
to  every  reader  the  certainty  of  such  a  growth;  and  further, 
that  the  developments  of  humanity  are  never  deleterious 
to  society,  but,  on  the  contrary,  serve  to  soften  and  sub- 
due the  sinful.  I  am  specially  desirous  to  impress  this 
important  truth  on  the  hearts  of  all  professed  Christians, 
and  to  convince  them  that  Christianity  has  something  to 
do  with  the  progression  of  which  I  speak. 

Now,  to  me,  the  thought  is  a  glorious  one,  and  full  of 
encouragement,  that  while  the  public  mind  of  all  civilized 
society  is  ripening  with  wisdom,  it  is  softening  with 
benevolence.  What  are  nations  and  communities,  desti- 
tute of  benevolence  or  humanity  ?  What  the  power  of 
millions  of  men — each  as  learned  as  the  seven  wise  men 
— boasting  of  philosophy,  science,  riches,  without  hu- 
manity to  control  and  direct  their  energies?  Such  power 
would  prove  but  a  dreadful  engine  of  cruelty  and  oppres- 
sion. What  every  good  man  desires  above  allelse,  is  to 
behold  a  development  that,  while  it  mollifies  and  civilizes 
society  generally,  it  shall  benefit  man,  especially  the  poor 
and  unfortunate  classes  of  our  race, — the  criminal, — 
the  little  ones  and  the  weak,  by  kindness,  instruction  and 
assistance.  There  is  hope  in  such  a  progression — hope 
for  the  suffering,  toiling  poor,  inhabiting  the  wretched 
cellars  and  garrets  of  our  pent  up  cities — hope  for  the 
intemperate  and  ignorant — hope  for  the  "widow  and 
the  fatherless,"  cursed  with  poverty,  rags  and  tears ;  in 
short,  hope  for  the  doomed  millions  of  enslaved  Europe 
and  America,  who  live  beneath  the  very  spires,  and  sit 
in  the  very  shadow  of  our  thousand  churches,  consecrat- 
ed to  Him  who  was  the  "  sinner's  friend,"  and  who  ex- 
claimed, when  on  earth — "  The  spirit  of  the  Lord  is  upon 
*  me,  because  he  hath  anointed  me  to  preach  the  Gospel  to 
the  poor;   he  hath  sent  me  to  heal  the  hroken-heartedj  to 


THE  GROWTH  OF  HUMANITY.  15 

preach  deliverance  to  the  captives^  and  recovering  of  sight  to 
the  blind;  to  set  at  liberty  them  that  are  bruised^  and  to 
preach  the  acceptable  year  of  the  LordT 

Is  there  such  a  progression  now  going  forward  in  the 
heart  of  all  civilized  society  ? 

Let  us  see.  We  shall  appeal  to  facts,  and  shall  de- 
monstrate by  contrasting  the  past  with  the  present.  And 
look  you,  first,  at  a  few  historical  relations  showing  the 
want  of  humanity — the  extreme  cruelty,  that  existed  in 
the  most  civilized  and  enlightened  nations,  o-n  the  intro- 
duction of  Christianity  into  the  world,  eighteen  centu- 
ries ago. 

We  have  all  read,  in  the  Gospel,  the  simple  but  touch- 
ing account  of  the  massacre  which  took  place  by  the  or- 
der of  Herod  the  Great,  on  the  birth  of  Christ,  in  Beth- 
lehem of  Judea;  but  did  we  ever  reflect  on  the  inhu- 
manity— the  perfect  savageness  of  the  society  and  the 
age,  which  could  have  tolerated  an  act  so  terribly  cruel  ? 
This  man  was  born  in  Judea,  of  one  of  the  first  fam- 
ilies of  that  realm,  and  was  regarded  as  one  of  the  great- 
est men  of  his  time.  His  abilities  as  a  politician  and 
commander  were  of  the  first  order,  and  such  was  the  mag- 
nificence he  displayed  in  decorating  his  palace  and  other 
public  buildings,  that  Augustus  said,  "  His  soul  was  too 
great  for  his  kingdom."  And  yet,  in  the  33d  year  of 
his  reign  as  king  of  Judea,  when  Christ  was  born,  being 
unable  to  find  the  infant  Savior  that  he  might  destroy 
him,  "  he  sent  forth  and  slew  all  the  children  that  were 
in  Bethlehem  and  all  the  coasts  thereof,  from  two  years 
old  and  under,"  in  order  to  make  sure  of  his  victim. 

Can  we  conceive  of  a  more  cruel  and  heartless  act  ? 
And  yet  we  are  not  told  that  the  people,  being  filled  with 
horror,  arose  en  masse  and  tore  the  unfeeling  wretch  from 
his  throne  and  consigned  him  to  the  flames.     To  be  sure, 


16  THE  GROWTH  OF  HUMANITY. 

weeping  and  lamentations  were  heard  throughout  the 
land,  by  wretched  mothers  who  refused  to  be  comforted. 
But  what  then  ?  This  was  of  no  consequence  !  Cruelty 
and  blood  were  common  with  kings,  and  familiar  with  the 
people ;  and  the  terrible  act  was  passed  without  note  or 
comment.  Herod  was  still  reverenced  and  lauded  as  the 
king  of  Judea.  He  put  to  death  his  innocent  wife,  and 
butchered  his  sons,  and  still  was  reverenced  and  lauded 
as  the  king  of  Judea.  And,  according  to  Josephus,  he 
planned  a  scene  of  posthumous  cruelty  which  shows  how 
barbarous  must  have  been  the  age  that  would  suggest  a 
thought  so  terrible.  It  was  this  :  He  summoned  the 
chief  persons  among  the  Jews  to  the  city  of  Jericho,  and 
caused  them  to  be  shut  up  in  the  royal  circus.  He  was 
now  near  seventy  years  of  age  and  very  sick,  and  he  gave 
strict  orders  to  his  sister  Salome,  to  have  all  the  men  mas- 
sacred at  his  death,  that  every  great  family  in  Judea 
might  weep  at  his  funeral.  His  savage  order,  however, 
was  never  executed. 

Now  here  is  a  question  :  Is  there  a  Prince  on  earth  in 
our  age  who  would  be  guilty  of  acts  so  dreadfully  cruel  ? 
Or  if  so,  is  there  a  people  on  earth,  civilized  or  savage, 
that  would  not  execrate  the  monster  who  could  be  thus 
heartless?  If  not,  then  has  not  the  world  progressed  in 
humanity  since  that  religion,  which  is  peace  on  earth, 
good  will  to  men,  was  proclaimed? 

I  am  aware  that  Herod  bears  the  character  of  having 
been  a  very  cruel  and  blood-thirsty  wretch,  far  worse  than 
most  men  of  his  time.  Permit  me,  therefore,  to  mention 
one  other  historical  fact  to  show  the  inhumanity  of  so- 
ciety at  that  period.  About  thirty  years  subsequently 
to  the  death  of  Christ,  the  Roman  army  invaded  Judea 
and  destroyed  the  great  city  of  the  Jews,  under  Titus, 
the  Roman  general,  who  in  consequence  of  his  many 


THE   GROWTH   OP   HUMANITY.  17 

virtues,  was  called  "  the  darling  of  mankind ^  This  man 
Titus,  who  was  the  darling  of  mankind  eighteen  hundred 
years  ago,  took  ninety-seven  thousand  of  the  Jews 
captive;  six  thousand  of  whom,  chosen  young  men,  he 
sent  to  Nero,  the  Roman  Emperor;  the  same  Nero  it  was 
who  subsequently,  for  the  gra  Ification  of  an  insane  ca- 
price, set  fire  to  Rome  that  he  might  have  a  real  represen- 
tation of  the  burning  of  Troy,  and  who  afterward  trans- 
ferred the  guilt  of  the  act  to  the  Christians,  and  caused 
them  to  be  butchered  by  thousands  throughout  his  do- 
mains. But  let  this  pass.  I  am  not  recounting  the  do- 
ings of  had  men  ;  I  was  just  speaking  of  an  act  perpetrat- 
ed by  Titus,  "  the  darling  of  mankind."  I  repeat :  Titus 
sent  six  thousand  of  his  ninety-seven  thousand  captives 
to  Rome,  as  slaves  for  Nero.  Thirty  thousand  were  sold 
as  bond-men  into  Egypt;  eleven  thousand  in  one  place,  he 
caused  to  perish  by  starvation.  At  Cesarea  he  murdered 
two  thousand  five  hundred  in  honor  of  his  brother's  birth- 
day, and  a  greater  number  at  Berytus  in  honor  of  his 
father's;  while  he  distributed  nearly  thirty  thousand 
through  the  provinces  of  Rome,  to  be  destroyed  in  their 
theatres  by  the  sword  or  torn  in  pieces  by  wild  beasts. 
And  all  this  was  perpetrated,  not  by  a  man  recognized  as 
a  savage  by  the  age  in  which  he  lived,  but  one  who  was  the 
very  quintessence  of  perfection^  the  '■'■the  darling  of  manhindP^ 
and  I  know  not  but  the  darling  of  womankind  also,  if  any 
distinction  is  allowed,  for  I  am  very  sorry  to  say  the  wo- 
men were  as  savage  as  the  men.  The  reader  is  doubtless 
familiar  with  the  account,  in  the  Grospel,  of  the  dancing 
of  a  beautiful  damsel  in  the  presence  of  a  certain  king, 
on  the  occasion  of  his  birthday,  and  how  charmed  he  was 
with  her  person  and  performance; — so  charmed  that  he 
declared  with  an  oath,  that  he  would  give  her  whatever 
she  asked,  even  to  the  half  of  his  kingdom.  And  do  you 
2 


18  THE    GROWTH    OF    HUMANITY. 

not  recollect  what  she  demanded  as  a  present  ?  "  Give 
me  here,"  said  she,  "  the  head  of  John  the  Baptist  in  a 
charger;" — that  is,  in  a  bowl  or  platter.  What  a  present 
for  a  young  damsel,  charming  in  her  person,  all  deco- 
rated for  the  dance,  to  ask  of  a  king  enamored  with  her 
beauty.  The  bloody  head  of  the  murdered  fore-runner 
of  the  Lord  Jesus !  But,  astounding  as  it  may  seem, 
her  wishes  were  gratified.  "  The  king  sent  and  behead- 
ed John  in  his  prison  ;  and  the  head  was  brought  in  a 
charger  and  given  to  the  damsel,  and  she  brought  it  to 
her  mother."  Perhaps  the  reader  is  ready  to  exclaim — 
"  Why  this  damsel  must  have  been  educated  a  savage, 
and  was  summoned  to  dance  in  the  presence  of  the  king, 
hecausb  of  her  remarkable  agility  or  beaut?/.  Instead  of 
this,  she  was  herself  of  the  royal  family.  Herod  Phillip 
was  her  father,  Aristobulus  her  grandfather,  and  He- 
rodias  her  mother,  the  woman  to  whom  she  carried  the 
bleeding,  ghastly  head  of  John,  when  she  had  received 
it  from  the  hand  of  the  executioner.  She-  was,  therefore, 
educated  a  member  of  the  royal  palace,  and  had  all  the 
advantages  which  the  most  refined  and  polished  society  in 
that  age  could  afford. 

But  here  we  have  a  specimen  of  what  constituted 
refinement  eighteen  hundred  years  ago,  in  one  of  the 
most  civilized  nations  on  earth.  We  see  the  nature  of 
the  influences  brought  to  bear  on  the  minds  of  youthful 
females.  Herodias,  the  mother  of  the  young  woman 
who  so  delighted  the  king,  was  offended  with  John 
the  Baptist,  because  he  had  the  boldness  to  condemn  her 
incestuous  intercourse  with  the  king.  She,  therefore, 
instructed  her  daughter  to  ask  the  head  of  John  as  a 
present,  if  opportunity  should  present  itself.  And  when 
she  received  it,  it  is  said  that  she  gazed  with  exulting 
pleasure  on  the  speechless  mouth  that  had  dared  to  utter 


THE   GROWTH    OF   HUMANITY.  19 

sucli  words  of  condemnation  against  her,  and  offered  in- 
dignities to  the  tongue  from  which  she  could  no  longer 
dread  reproof.  St.  Jerome  positively  asserts  that  "  when 
she  got  the  head,  she  drew  out  the  tongue  and  thrust  it 
through  with  her  bodkin." 

Such  was  the  moral  condition  of  the  world  eighteen 
hundred  years  ago.  The  apostle  described  it  when  he 
said:     "  Their  feet  are  swift  to  shed  blood." 

How  shocking  are  these  exhibitions  of  barbarity  to  the 
humanity  and  refinement  of  the  present  age !  Indeed, 
has  there  been  no  growth  of  the  element  of  humanity  in 
the  human  soul  for  the  last  eighteen  centuries  ?  Why 
the  man  who  is  unable  to  discover  this  change,  would 
light  a  candle  at  noonday  to  find  the  sun. 

And  I  will  add  in  this  place,  that  if  there  was  nothing 
divine  m  the  mission  of  Christ,  the  circumstance  is  niost 
remarkable,  and  to  my  mind  wholly  unaccountable,  that 
he  should  inculcate  a  religion  so  pure,  and  a  philosophy 
so  divine,  in  the  midst  of  a  darkness  so  gross  !  His  very 
life — his  spirit — his  teachings,  and  the  manner  in  which 
he  bore  his  sufferings  and  his  death,  were  a,ll  in  direct  op- 
position to  the  prevailing  sentiments  and  customs  of  the 
age  in  which  he  lived.  His  breathings  of  love  and  for- 
giveness— of  tenderness  and  compassion — of  benevo- 
lence and  humanity,  when  contrasted  with  the  predomi- 
nant principles  of  that  age,  were  like  a  resplendent  star 
in  the  midst  of  surrounding  darkness — or  a  blooming 
paradise  in  a  howling  wilderness. 


CHAPTER    II. 

THE    MARCH    OF    HUMANITY   DURING    THE    LAST    TWO 
CENTURIES. 

Inhumanity  of  France  and  England  two  Hundred  Years  ago — Cruelty  of  Persecutioa 
gradually  souened--Inhumanity  of  Louis  XI V — Inhumanity  of  the  Pilgrim  FatherfJ — 
Persecution  of  the  Quakers— The  softening  of  Penal  Codes— One  Hundred  and  Sixty 
offenses  Punishalde  with  Death  in  England— Codes  of  England,  Sweden,  Germany, 
Prance  and  Poland— The  Cruelty  of  their  Punishments- Hanging  for  stealing  forty 
Shillings— Touching  case  of  the  Execution  of  a  Young  Woman  in  England— Laws  of  the 
New  England  Colonies- -Case  of  a  Young  (xirl- -Progress  of  Humanity  in  the  more 
kindly  Treatment  of  Criminals,  and  in  the  Improvement  of  the  Poor,  'Ignorant,  Sick 
and  Suffering — Extract  from  Macaulay. 

But  let  US.  come  forward  to  a  more  recent  age,  and 
mark  the  growtli  of  humanity  in  the  hearts  of  those  who 
stand  more  closely  connected  with  us  on  the  pages  of 
history.  We  will  limit  our  investigations  to  the  last  two 
centuries. 

In  1650  we  find  France  and  England,  two  of  the  most 
enlightened  and  civilized  nations  on  the  globe,  governed 
by  principles,  both  in  war  and  peace,  that  would  utterly 
shock  the  humanity  of  the  present  age. 

Men  regarded  as  great  and  good,  both  in  Church  and 
State,  gave  their  sanction  to  laws,  practices  and  customs 
so  unjust  and  inhuman,  as  to  strike  the  worst  man  now 
living  in  civilized  society  dumb  with  astonishment  and 
horror !     This  will  be  seen  as  we  proceed. 

Notice  the  unmistakable  change  which  has  been  pro- 
duced within  the  last  two  hundred  years,  with  reference 
to  the  cruelty  of  proscription  and  persecution  in  conse- 
quence of  religious  faith.  Christians  have  now  very  gen- 
(20) 


THJJ    MARCH    OF    HUMANITY.  21 

erally  learned  the  folly  of  attempting  to  convert  men 
to  a  love  of  Christian  truth,  and  inspire  them  with 
benevolence,  by  prisons,  chains,  fire  and  torture.  But 
two  hundred  years  ago,  these  were  the  principal  means 
employed  in  the  dissemination  and  defense  of  the  Chris- 
tian religion.  Two  hundred  years  ago,  the  inquisition, 
that  tribunal  of  horror  and  cruelty,  which  drank  the 
blood  of  nearly  four  hundred  thousand  innocent  victims, 
was  in  full  force  in  France,  Spain,  Portugal  and  other 
countries.  An  accredited  English  writer  says,  in  de- 
scribing the  inhumanity  of  priests  and  potentates  in 
choir  persecution  of  heretics  :  "  If  the  least  shadow  of 
proof  appeared  against  any  pretended  criminal,  he  was 
conaemned  to  death  at  once,  and  was  clothed  with  a  gar- 
ment painted  with  flames,  and  with  his  own  figure  sur- 
.roundod  with  dogs,  serpents,  and  devils,  all  open-mouthed, 
as  if  ready  to  devour  him.  If  the  offenders  died  in  any 
other  faith  than  that  of  Rome,  they  were  burned  alive, 
the  priests  telling  them  that  they  left  them  to  the  devil 
who  was  standing  at  their  elbow  waiting  to  receive  their 
souls  and  bear  them  to  the  flames  of  hell. 

Flaming  furzes,  fastened  to  poles,  were  thrust  against 
their  faces  till  their  faces  were  burned  to  a  coal,  and  this 
was  accompanied  with  the  loudest  acclamations  of  joy 
among  the  thousands  of  spectators.  At  last,  fire  was  set 
to  the  furze  at  the  bottom  of  the  stake,  over  which  the 
criminals  were  chained  so  high  that  the  top  of  the  flame 
seldom  reached  higher  than  the  seat  they  sat  on,  so  that 
they  seemed  to  be  roasted,  rather  than  burned.  There 
could  not  be  a  more  lamentable  spectacle ;  the  sufferers 
continually  crying  out,  so  long  as  they  were  able — "Pity, 
for  the  love  of  Grod  !"  Yet  it  was  beheld  by  all  sexes 
and  ages,  with  transports  of  joy  and  satisfaction.  And 
even  monarchs,  surrounded  by  their  courtiers,  sometimes 


22  THE    MARCH, OF    HUMANITY 

graced  the  scene  with  their  presence,  imagining  that  they 
were  performing  an  act  highly  acceptable  to  the  Deity  * 
Two  hundred  years  ago,  Louis  the  XIV.  filled  the 
throne  of  France.  He  was  basely  ignorant,  but  is  de- 
scribed as  possessing  many  virtues  for  a  sovereign  of 
his  time.  Among  his  virtues  is  enumerated  that  of  his 
strong  religious  prejudices,  and  boldness  in  support  of 
the  established  Church.  He  manifested  a  marked  desire 
to  convert  supposed  heretics  to  Catholicism,  and  intro- 
duced a  method  to  accomplish  his  purpose  which  seems 
to  have  been  original  with  him.  We  have  no  account  of 
its  ever  having  been  practiced  by  Christ  or  his  apostles, 
or  any  of  the  early  fathers.  He  heat  religion  into  them 
with  the  battle-ax.  It  is  a  literal  fact  that  he  sent  forth 
his  troopers,  soldiers  and  dragoons,  with  orders  to  go 
from  house  to  house,  and  from  town  to  town,  and  with 
the  sword  and  battle-axe,  force  men  and  women  into  the 
Catholic  Church.  "  These  blood-thirsty  wretches  entered 
the  Protestant  houses  in  France,  where  they  broke  and 
trampled  under  foot  furniture,,  destroyed  provisions, 
turned  dining-rooms  into  stables  for  their  horses,  and 
treated  the  owners  with  the  highest  indignation  and 
cruelty.  They  bound  to  posts,  mothers  that  gave  suck, 
and  let  their  little  infants  lie  languishing  in  their  sight, 
for  several  days  and  nights,  crying,  mourning  and  gasp- 
ing for  life.  Some  they  bound  before  large  fires,  and 
when  they  were  half  roasted,  let  them  go.  Some  they 
hung  by  the  hair  and  some  by  the  feet  in  chimneys,  and 
smoked  them  with  hay  till  they  were  suffocated.  "Women 
and  maids  were  hung  up  by  their  feet  or  by  their  arm- 
pits, and  exposed  stark  naked  to  public  view.  Some  they 
cut  and  slashed  with  knives,  and  after  stripping  them 
naked,  stuck  their  bodies  full  of  pins  and  needles,  from 

*Dr.  Dick's  Philosophy  of  Religion. 


DURING    THE    LAST    TWO    CENTURIES.  23 

head  to  foot :  or  with  red  hot  pinchers  took  hold  of  them 
by  the  nose  and  other  parts  of  the  body,  and  dragged 
them  around  their  rooms  till  they  promised  to  be  good 
Catholics^  or  actually  expired  beneath  their  sufferings. 
If  any  endeavored  to  save  themselves  from  these  barbar- 
ities by  flight,  they  were  pursued  into  fields  and  woods 
where  they  were  shot  like  wild  beasts. 

On  such  scenes  of  desoltation  and  horror  the  Popish 
clergy  feasted  their  eyes,  and  made  them  simply  a  matter 
of  laughter  and  sport."* 

All  this  was  done  less  than  two  hundred  years  ago,  in 
refined  and  accomplished  France,  and  simply  for  a  differ- 
ence of  opinion  in  religious  faith.  In  the  civil  wars  on 
account  of  religion,  which  happened  in  France  in  the 
seventeenth  century,  above  a  million  of  men  lost  their 
lives;  four  hundred  villages,  nine  cities,  two  thousand 
churches,  and  ten  thousand  dwellings,  were  burnt  or  de- 
stroyed. The  inhumanity  of  the  soldiers  when  set  on  by 
the  priests,  filled  with  the  ranklings  of  an  unrelenting 
religion,  was  utterly  beyond  description.  Thousands  of 
men,  women,  and  children  died  by  starvation,  by  being 
torn  asunder,  by  butchery  and  by  the  flames.  It  is  said 
of  Louis  XIII.,  who  carried  on  the  war,  that  what  gave 
him  greater  pleasure  than  all  things  else,  was  the  thought 
of  driving  heretics  out  of  his  kingdom,  and  thereby 
purging  the  Church  of  Grod  of  its  corruptions. 

In  other  countries  the  flames  of  persecution  raged  with 
nearly  the  same  fury.  In  the  Netherlands  alone,  not 
long  previous  to  the  time  of  which  I  speak,  one  hundred 
thousand  persons  were  hanged,  beheaded,  buried  alive  or 
burned  on  account  of  their  religious  belief ! 

Even  England,  who  has  always  acted  with  more  calm- 
ness and  humanity  thaniany  other  nation,  was  not  guilt- 

*Dr.  Dick's  Philosophy  of  Religion. 


24  THE   MARCH   OF   HUMANITY 

less.  During  two  or  three  years  of  the  short  reign  of 
Mary,  in  the  sixteenth  century,  two  hundred  and  seven- 
ty-seven persons  were  committed  to  the  flames,  besides 
those  who  perished  by  fines,  confiscations,  and  imprison- 
ment. And  "  scarcely  a  century  and  a  half  has  elapsed, 
since  the  Presbyterians  of  Scotland  were  hunted  across 
moors  and  morasses,  like  partridges  in  the  wilderness, 
slaughtered  by  bands  of  ruffian  dragoons,  and  forced  to 
seek  their  spiritual  food  in  dens  and  mountains  at  the 
peril  of  their  lives. "^ 

It  was  the  inhumanity  of  persecution  that  drove  the 
pilgrim  fathers  from  their  homes  in  the  old  world,  to 
seek  an  asylum  among  the  savage  men  and  beasts  of  the 
new.  They  were  banished  from  their  homes,  and  in 
their  turn,  they  banished  others. 

Two  hundred  years  ago,  Roger  Williams,  the  founder  of 
the  sect  of  Calvinist  Baptists  in  this  country,  preached  in 
Plymouth,  Boston  and  Salem.  But  his  doctrine  and  ideas 
of  Church  government  were  not  pleasing  to  the  Puritan 
fathers,  and  he  was  banished  to  Rhode  Island — he  and  his 
wife  and  children,  in  the  dead  of  winter,  where  he  was  de- 
pendent on  the  very  savages  for  the  means  of  subsistence ! 

Two  hundred  years  ago,  the  magistrates  of  Massachu- 
setts Colony  cropped  the  ears,  scourged  the  backs,  and 
bored  the  tongues  of  the  Quakers  with  a  hot  iron.  More 
than  this,  they  incarcerated  them  in  jails  and  dungeons 
— whipped  them  through  the  streets  at  the  tail  of  a  cart, 
and  banished  them  from  the  country  on  pain  of  death. 
And  when  they  returned,  they  actually  seized  them,  and 
put  them  to  death  by  hanging. 

Such  is  a  sort  of  bird's  eye  view  of  the  inhumanity  and 
intolerance  which  has  been  rife  in  the  Christian  world 
within  the  last  two  hundred  years. 

*Dr.  Dick's  Philosophy  of  Religion. 


DURING   THE    LAST   TWO    CENTURIES.  25 

Has  not  an  unmistakable  change  taken  place  in  soci- 
ety in  this  time?  Where  is  the  Inquisition?  Some  say 
it  is  still  in  use.  If  so,  the  progress  of  society  cheats  it 
of  its  victims.  The  spirit  of  persecution  may  still  be 
burning  in  the  hearts  of  some  of  the  leading  Papists,  but 
it  is  confined  there  by  the  growing  intelligence,  humani- 
ty, and  love  of  liberty  of  the  masses. 

Where  is  the  king  or  the  potentate,  in  this  age,  that 
dares  to  take  the  first  step  in  the  maintenance  of  any 
system  of  faith  by  the  inquisition,  the  stake,  the  rack,  or 
the  scaffold?  How  would  the  public  mind  be  struck 
with  horror,  in  England,  Scotland,  or  the  United  States, 
if  men  and  women  were  beheaded  or  burned  for  their 
religious  faith !  Suppose  that  to-day,  in  Boston,  or  Cin- 
cinnati, a  Quaker  should  be  arraigned,  tried,  and  execut- 
ed, ^'■without  benefit  of  clergy;'^ — executed,  simply  because 
he  repudiated  wars,  believed  in  the  efficacy  of  kindness, 
— the  brotherhood  of  man,  and  thought  fit  to  wear  a  drab 
coat  and  broad-brimmed  hat ; — hanged  for  such  an  of- 
fense! What  would  the  people  think?  What  would 
they  say  ?  What  would  they  do  ?  Why,  the  whole  na- 
tion— yea,  the  whole  Christian  world — would  be  shocked 
in  every  nerve!  There  is,  probably,  no  deed  that  could 
be  perpetrated  by  any  party  or  sect,  that  would  produce 
a  more  fearful  excitement,  in  any  civilized  society,  than 
to  hang  or  hum  a  man  for  his  religious  belief  I  So  great 
and  palpable  is  the  change  which  has  been  wrought  in 
the  popular  mind,  within  the  last  two  htindred  years,  in 
favor  of  tolerance  and  humanity! 

2.  An  unmistakable  change  in  favor  of  humanity  is 
seen  in  the  softening  of  the  Penal  Codes  of  nations. 

We  are  told,  by  Judge  Story,  that  less  than  one  hun- 
dred years  ago  England  punished  one  hundred  and  sixty 
offenses  with  death.  Br.  Dick  says :  "  In  our  country  it  is 
3 


26  THE    3IARCH    OF    HUMANITY 

a  melancholy  truth,  that  among  the  variety  of  actions 
which  men  are  daily  liable  to  commit,  no  less  than  one 
hundred  and  sixty  have  been  declared,  by  act  of  Parlia- 
ment, to  be  felonies  without  benefit  of  clergy,  or  in  other 
words,  to  he  worthy  of  instant  death.^'  A  writer  in  the 
London  Morning  Herald,  puts  the  number  at  rising  two 
hundred.  France,  Germany,  Poland  and  Italy  were  still 
more  unjust  and  cruel  in  their  punishments.  Now,  Eng- 
land makes  but  five  offenses  punishable  with  death;  and 
France,  Germany  and  Poland  have  modified  their  codes 
in  like  manner. 

Sixty  years  ago,  England,  Sweden,  Germany  and  Po- 
land, not  only  put  to  death  for  certain  offenses,  but  pro- 
longed the  torments  of  the  offender  by  cruel  tortures. 
In  Sweden,  for  instance,  murder  was  punished  first  by 
chopping  off  the  hand,  then  beheading  and  quartering. 
In  Great  Britain,  "  those  guilty  of  high  treason  were 
condemned  to  be  hung  on  a  gallows  for  some  minutes; 
then  cut  down  while  yet  alive,  the  heart  to  be  taken  out, 
and  exposed  to  view,  and  the  entrails  burned." 

The  following  account  is  given,  by  a  traveler  who  was 
in  Berlin  in  1819,  of  the  execution  of  a  man  for  murder, 
which  shows  that  the  execution  of  criminals  in  Prussia 
is  frequently  distinguished  by  a  species  of  cruelty  worthy 
of  the  worst  days  of  the  inquisition.  Amidst  the  parade 
of  executioners,  officers  of  police,  and  other  judicial  au- 
thorities, the  beating  of  drums,  and  the  waving  of  flags 
and  colors,  the  criminal  mounted  the  scaffold.  No  min- 
isters of  religion  appeared  to  gild  the  horrors  of  eternity, 
and  to  soothe  the  agonies  of  the  criminal ;  and  no  re- 
pentant prayer  closed  his  quivering  lips. 

"Never,"  says  the  narrator,  "shall  I  forget  the  one 
bitter  look  of  imploring  agony  that  he  threw  around  him, 
as,  immediately  on  stepping  on  the  scaffold,  his  coat  was 


DUEINO  THE   LAST  TWO    CENTURIES.  27 

rudely  torn  from  his  shoulders.  He  was  then  thrown 
down,  the  cords  fixed  round  his  neck,  which  were  drawn 
until  strangulation  almost  commenced.  Another  execu- 
tioner then  approached,  bearing  in  his  hands  a  heavy 
wheel,  bound  with  iron,  with  which  he  violently  struck 
the  legs,  arms,  and  chest,  and  lastly  the  head,  of  the  crim- 
inal. I  was,  unfortunately,  near  enough  to  witness  his 
mangled  and  bleeding  body  still  convulsed.  It  was  then 
carried  down  for  interment,  and,  in  less  than  a  quarter  of 
an  hour  from  the  beginning  of  his  torture,  the  corpse  was 
completely  covered  with  earth.  Several  large  stones, 
which  were  thrown  upon  him,  hastened  his  last  gasp :  Tie 
was  mangled  into  eternity!''^ 

Now,  all  such  barbarities  are  expunged  from  the  penal 
code  of  nearly  every  civilized  nation  on  earth.  Only  forty 
years  since,  the  crime  of  cutting  a  small  tree,  or  of  shoot- 
ing a  deer  within  the  enclosure  of  an  English  lord,  was 
punishable  with  death.  If  a  man  stole  more  than  forty 
shillings  from  a  dwelling  in  that  country,  the  law  clam- 
ored for  his  blood.  He  must  be  strangled.  And,  as  in- 
credible as  the  fact  may  appear  to  some  in  our  time,  this 
inhuman  law  was  not  abolished  till  the  year  1827— -less 
than  thirty  years  ago ;  and  then  it  was  not  fully  abolished: 
for  the  legislative  body  simply  raised  the  capital  indict- 
ment to  five  pounds,  instead  of  four — or  to  sia:,ty  shillings, 
instead  of  forty.  Since,  England  has  wiped  all  such  acts 
from  her  statute  books;  and  now  in  no  case  punishes 
with  death  for  theft. 

Shop-lifting  was  also  a  crime  punishable  with  death  in 
England  but  a  few  years  since.  And  from  an  extract 
taken  from  a  speech  by  the  Hon.  Sir  William  Meredeth 
in  1777,  on  a  bill  creating  a  new  capital  felony,  a  glimpse 
may  be  obtained  of  public  sentiment  on  this  subject  at 
that  time — eighty  years  ago.     This  gentleman,  in  oppos- 


28  THE    MARCH    OF    HUMANITY 

ing  the  inhumanity  of  the  laws,  produced  many  touching 
instances  where  the  grossest  injustice  had  been  perpe- 
trated in  the  punishment  of  offenders.  Amongst  others, 
he  mentioned  the  case  of  a  young  woman,  of  good  family 
and  beautiful  person,  who  had  just  been  executed  for 
attempting  to  steal  a  small  piece  of  cloth  from  a  dry- 
goods  establishment. 

"Her  husband,"  said  Mr.  Meredeth,  "had  been  pressed 
on  board  of  a  man-of-war  ship,  by  the  officers  of  govern- 
ment. The  poor  woman's  goods  had  been  sold  to  pay 
some  debt  of  her  husband,  and  she,  together  with  her  two 
little  children,  were  turned  into  the  streets,  penniless 
beggars. 

"  'Tis  a  circumstance,"  said  he,  "not  to  be  forgotten, 
that  she  was  very  young,  but  little  more  than  eighteen, 
and  remarkably  handsome.  She  went  to  a  linen  draper's 
— took  some  coarse  linen  from  the  counter,  and  slipped 
it  under  her  cloak.  The  shop-man  saw  her,  and  she  laid 
it  down.  For  this  she  was  executed.  Her  defense 
was,  that  she  had  lived  in  credit  and  wanted  nothing,  till 
a  press-gang  came,  who  were  under  the  orders  of  the 
government,  and  bore  away  her  husband.  But  since 
then,  she  was  deprived  of  a  home,  or  even  a  bed;  had 
nothing  to  prevent  the  starvation  of  her  children,  or  to 
keep  them  from  perishing  with  cold ;  and  she  might  have 
done  something  wrong,  for  she  scarcely  knew  what  she 
did.  The  parish  officers  testified  to  the  truth  of  this 
declaration,  but  there  had  been  a  good  deal  of  shop-lift- 
ing in  that  vicinity,  notwithstanding  the  penalty  was 
death,  and  it  became  necessary  to  make  an  example  of 
some  one.  So  this  unfortunate  woman  was  carried  to 
the  gibbet,  hung  up  by  the  neck,  and  choked  like  a  cat, 
for  the  special  comfort  and  accommodation  of  the  shop- 
keepers in  Ludgate  street,  London. 


DURING   THE   LAST   TWO    CENTURIES.  29 

''When  brought  into  court  to  receive  her  sentence," 
said  Mr.  Meredeth,  "she  behaved  like  one  frantic.  And 
it  was  enough  to  break  one's  heart  to  see  her  set  out  for 
the  gallows,  with  her  poor  babe  nursing  at  the  breast." 
It  seems  hardly  credible  that  so  heartless,  inhuman  and 
unjust  an  act  could  have  been  perpetrated  by  the 
authorities  of  England — enlightened,  Christian  England 
— within  the  last  century ! 

And  yet  the  same  code  of  criminal  law  was  once  in 
vogue  in  the  New-England  colonies.  Hanging  for  steal- 
ing forty  shillings — for  shop-lifting — for  worshipping 
any  god  but  the  true  God — for  blaspheming  the  name  of 
God — for  stealing  a  man — or  for  smiting  father  or  moth- 
er— was  the  law  of  Massachusetts  and  Connecticut,  one 
hundred  and  fifty  years  ago. 

The  following  is  copied  from  the  penal  code  of  the 
Connecticut  Colony,  and  was  in  vogue  in  1690: 

"  If  any  man  shall  have  or  worship  any  other  god 
but  the  true  God,  he  shall  be  put  to  death. 

"  If  any  man  or  woman  be  a  witch,  that  is,  hath  or 
consulteth  with  a  familiar  spirit,  he  or  she  shall  be  put 
to  death. 

"  If  any  man  shall  blaspheme  the  name  of  God,  shall 
curse  the  Father,  Son,  or  Holy  Ghost,  he  shall  be  put 
to  death. 

"  If  any  man  stealeth  a  man,  or  mankind,  he  shall  bo 
put  to  death. 

"  If  any  child  or  children  above  sixteen  years,  and  of 
sufficient  understanding,  shall  curse  or  smite  father  or 
mother,  he  shall  be  put  to  death. 

"  If  any  man  have  a  stubborn  and  rebellious  son  of 
sufficient  years  and  understanding,  viz:  sixteen  years  of 
age,  who  will  not  obey  the  voice  of  his  father  or  the 
voice  of  his  mother,  and  when  they  have  chastened  him 


30  THE   MARCH   OP   HUMANITY 

will  not  hearken  unto  tliem ;  then  may  his  father  and  his 
mother  lay  hold  on  him  and  bring  him  to  the  Magistrates 
assembled  at  court,  and  testify  unto  them,  and  such  a  son 
shall  be  put  to  death." 

These  laws  were  but  too  eiFectually  enforced.  No  less 
than  nineteen  persons,  as  innocent  of  any  crime  as  the 
"spirit-rappers"  and  "table-tippers"  of  our  day,  were 
hung,  and  one  pressed  to  death,  in  Salem,  Mass.,  in 
1692,  for  witchcraft.  And  the  estimated  number  put  to 
death  in  England  for  the  same  offense,  was  thirty  thou- 
sand; while  in  Germany  not  less  than  one  hundred  thou- 
sand suffered  death  by  the  scaffold,  the  flames,  by  being 
drawn  assunder,  and  by  other  methods,  for  the  same  crime. 

In  the  colonics,  even  parents  were  instrumental  in  the 
condemnation  and  execution  of  their  own  children : 

An  English  lady  of  much  repute  who  visited  New 
England  not  long  previous  to  the  war  of  '76,  says  in  her 
diary  of  22d  March,  1769,  that  a  maid  of  nineteen  years 
of  age  was  put  upon  her  trial  for  life,  in  Connecticut,  by 
the  complaint  of  her  parents,  both  of  whom  were  present 
and  swore  against  her — saying  that  "she  was  stubborn 
and  had  violated  their  commands." 

The  diary  states  that  "  at  first  the  mother  testified 
stiongly  against  her  child;  but  when  she  had  spoken  a 
few  words,  the  daughter  cried  out  in  great  agony  of 
grief,  '  Oh !  I  shall  be  destroyed  in  my  youth  by  the 
words  of  my  own  mother ! '  On  which  the  woman  did  so 
soften  her  testimony,  that  the  court  being  in  doubt  upon 
the  matter,  had  a  consultation  with  the  ministers  present, 
as  to  whether  the  accused  girl  had  made  herself  justly 
liable  to  the  punishment  prescribed  for  stubborn  and 
rebellious  children  in  Deuteronomy,  21 :  20." 

When  it  was  decided  that  this  law  applied  only  to  a 
rebellious  son,  and  that  a  daughter  could  not  be  put  to 


DURING   THE    LAST   TWO    CENTURIES.  31 

death  under  its  sanction ;  to  whicli  the  court  did  assent, 
and  the  girl,  after  being  admonished,  was  set  at  liberty. 
Thereupon  she  ran  sobbing  into  the  arms  of  her  mother, 
who  did  rejoice  over  her  as  one  raised  from  the  dead; 
and  moreover  did  mightily  blame  herself  for  putting  her 
child  in  so  great  peril,  by  complaining  of  disobedience." 

Has  not  a  change,  then,  been  wrought  in  behalf  of 
humanity?  Has  not  much  of  inhumanity  been  expunged 
from  our  statute  books?  Is  not  human  life  regarded  by 
all  legislators  as  a  thing  far  more  sacred?  The  humanity 
of  every  Christian  heart  rises  up  against  even  legalized 
killing.  The  offender  may  have  wickedly  violated  the 
law;  his  deeds  of  blood  may  have  been  many  and  appal- 
ling; but  we  ask,  is  it  wise  or  Christian  to  strangle  him? 
— to  imitate  his  own  deeds  of  vengeance? 

In  Russia,  Bombay,  Belgium  and  Tuscany,  the  pun- 
ishment of  death  has  been  totally  abolished.  It  is  also 
abolished  in  the  States  of  Michigan  and  Wisconsin  in 
our  own  country;  while  in  Maine,  Vermont  and  Massa- 
chusetts, it  is  virtually  abolished.^  In  eight  of  our  other 
States,  but  two  offenses  are  punishable  with  death ;  while 
in  Ohio,  Pennsylvania  and  Tennessee,  their  codes  contain 
but  one  crime  for  which  death  is  the  penalty.f  And 
what  is  remarkable,  crime  is  never  increased  by  such  ex- 
hibitions of  humanity  on  the  part  of  communities  and 
nations.  Clemency  always  softens,  while  cruelty  hard- 
ens,  as   I   will   demonstrate   in  the   progress  of  these 

*  lu  each  of  these  States  the  law  requires  that  the  offender,  on 
conviction,  shall  be  imprisoned  in  the  State  Penitentiary  for  at  least  one 
vear ;  after  which  the  Governor  of  the  State  shall  issue  his  warrant  for 
his  exeoution.  But  as  no  time  is  specified  wJien  the  warrant  shall  be 
issued,  the  executive,  with  a  single  exception,  has  failed  to  act  in  the 
premises,  and  the  consequence  is,  the  offender  is  permitted  to  live. 

t  The  penal  code  of  Virginia  has  but  one  capital  offense,  when  com- 
mitted by  a  white  man,  and  that  is  duelling;  but  seventy-one,  when  com- 
mitted by  a  slave.  When  regarded  as  applied  to  the  slave,  her  code  is 
the  most  bloody  now  existing  in  the  world. 


^ 


THE    MARCH   OF   HUMANITY 


pages.  In  the  reign  of  Henry  the  VIII.  of  England, 
the  laws  were  never  more  severe;  and  it  is  a  fact  well 
worthy  the  consideration  of  every  man  interested  in  juris- 
prudence or  moral  philosophy,  that  crime  in  Great  Britain 
was  never  so  rife  nor  so  terrible  as  during  the  reign  of 
Henry.  No  less  than  seventy-two  thousand  executions 
took  place  for  rohhery  alone^  amounting,  on  an  average,  to 
more  than  six  a  day,  Sundays  included. 

3.  The  progress  of  humanity  is  also  seen  in  the  more 
kindly  treatment  of  criminals  and  all  other  offenders, 
when  contrasted  with  the  past.  The  change  in  this  di- 
rection within  the  last  half^century,  has  been  truly 
wonderful. 

One  hundred  years  ago,  men  and  women  guilty  of 
minor  offenses,  were  punished  with  pillory — galleys — 
whipping — stocks — mutilation,  by  cutting  off  the  ears 
and  the  nose,  cutting  out  the  tongue,  putting  out  the 
eyes,  shaving  off  the  hair,  and  branding — and  with  im- 
prisonment.* 

Fifty  years  ago,  prisons  were  merely  stone  pens,  and 
dark,  dismal  dungeons,  filled  with  filth  and  vermin.  Into 
these  pens  and  dungeons  were  criminals  thrust,  chained 
to  their  stone  floors,  and  fed  like  our  hogs,  with  worse 
fare.  Now,  men  have  learned,  in  all  civilized  communi- 
ties, that  such  treatment  was  barbarous — that  even  the 
convict  is  entitled  to  the  humanity  of  his  brother,  and  is 
worth  something.  So  his  loathsome  prison  has,  in  a 
measure,  been  converted  into  a  workshop  and  school  of 

*  In  1833  it  was  estimated  that  no  less  than  seventy-five  thousand 
were  confined  in  jail  in  the  United  States  fcr  debt.  A  poor  man  of  my 
native  town  lay  in  pririon  all  winter  for  a  debt  of  six  dollars  only,  while 
his  wife  and  large  family  of  little  children  were  suffering  at  home  for  the 
provisions  Avhich  his  labor  would  have  brought.  An  instance  is  reported 
in  one  State,  where  a  man  was  imprisoned  for  two  cents  only.  Even  Mas- 
sachusetts did  not  wipe  this  cruel  and  foolish  law  from  her  statute  books 
till  1853. 


DURING  THE   LAST   TWO    CENTURIES.  33 

reform — a  hospital  for  the  body,  the  mind,  the  soul. 
In  nearly  all  our  State  prisons  and  penitentiaries,  in 
the  Free  States,  there  is  the  chaplain,  the  library,  and  in 
some  States  the  school  of  instruction ;  and  efforts  are 
made  not  only  to  instruct  the  criminal  in  some  useful 
trade,  that  he  may  have  the  means  of  livelihood  when  he 
returns  to  the  world,  but  to  instruct  his  heart  and  mind 
in  whatever  will  serve  to  guide  and  benefit  him  in  after 
life,  and  render  him  a  virtuous  member  of  society. 

To  me,  there  is  something  beautiful,  Christian,  divine, 
in  these  displays  of  humanity.  From  the  cleanly,  well- 
regulated  school  of  reform,  which  we  find  in  many  States 
of  our  Union,  called  the  House  of  Refuge,  instituted  for 
the  unfortunate  youth  of  both  sexes,  through  the  house 
of  correction  and  the  improved  jail,  to  the  cleanly  and 
well-regulated  penitentiary,  when  contrasted  with  the 
filth  and  brutality  connected  with  the  prisons  of  but  half 
a  century  ago,  there  is  a  growth  in  true  benevolence  and 
Christian  kindness  manifested,  that  is  full  of  hope  and 
exceedingly  cheering  to  the  benevolent  Christian. 

4.  Again ;  the  development  of  which  I  am  speaking  is 
seen  in  the  growing  interest  of  nearly  all  classes,  in  the 
improvement  of  the  condition  of  the  poor,  the  unfortu- 
nate, the  sick,  ignorant  and  suffering,  of  our  earth.  We 
behold  the  blessed  Jesus,  at  the  pool  of  Bethesda,  ad- 
ministering to  the  wants  of  the  sick,  lame,  halt  and  blind ; 
so  in  our  day,  many  of  his  followers  have  come  to  learn 
that  works  of  humanity  and  mercy  are  demanded  of 
them  by  the  common  interests  of  a  common  race.  "Have 
we  not  all  one  Father;  hath  not  one  God  created  us?" 
and  if  so,  are  we  not  ALL  brethren?  Feeling  the  force 
of  this  beautiful  principle,  a  broad  philanthropy  has 
sprung  up,  which  manifests  itself  in  noble  charities  and 
perpetual  appeals  in  behalf  of  humanity.     Behold  our 


34  THE   MARCH   OF   HUMANITY 

Hospitals — our  Asylums  for  the  Blind,  Deaf  and  Dumb, 
and  for  the  Insane ; — our  Homes  for  the  Widow,  the  Or- 
phan, the  friendless  and  outcasts — our  societies  to  assist 
the  poor — our  Peace  associations — our  Temperance  soci- 
eties— our  Prison  associations,  Howard  associations,  and 
Ragged  Schools !  Behold  what  is  being  done  for  the  most 
wretched  and  filthy  in  Field  Lane,  London,  and  at  the 
Five  Points,  New- York !  and  what  was  done,  but  a  few 
years  ago,  in  sending  ships  and  frigates,  loaded  with 
clothing,  and  barrels  of  flour  and  meal  and  hams,  to  the 
starving  people  of  Greece  and  Ireland. 

Our  fathers  erected  the  gallows,  the  whipping-post,  the 
stocks  and  the  pillory,  by  the  church-side;  but  where 
did  they  ever  organize  the  benevolent  societies,  and  erect 
the  benevolent  institutions  which  I  have  enumerated? 
These  belong  alone  to  the  present  age,  and  n^ark  the  age 
as  one  of  philanthropy  and  Christian  benevolence,  be- 
yond every  thing  the  world  has  ever  witnessed.  And  the 
more  the  human  soul  is  brought  to  contemplate  the  con- 
dition of  the  criminal  and  perishing  classes,  and  what 
society  can  accomplish  with  no  injury  to  itself,  for  suffer- 
ing humanity — the  more  it  beholds  what  there  is  yet  to 
be  done — the  more  tender  is  it  in  its  sympathies,  and 
disposed  to  combine  the  elements  of  its  forces  to  contrib- 
ute to  their  relief.  And  thus  is  the  present  an  age  full 
of  joyful  hopes — an  age  softened  and  mellowed  by  char- 
ity— an  age  of  advancement,  not  only  in  science,  art, 
political  economy  and  material  development,  but  of  a  uni- 
versal humanity;  in  a  word,  it  is  an  age,  when  contrasted 
with  the  past,  which  is  full  of  glory. 

Macaulay,  the  eloquent  English  historian,  in  speaking 
of  the  growth  of  humanity  in  England,  says:  "There  is 
scarcely  a  page  of  the  history,  or  the  lighter  literature 
of  the  seventeeth  century,  which  does  not  contain  some 


DURING   THE    LAST   TWO    CENTURIES.  35 

proof  that  our  ancestors  were  less  humane  than  their  pos- 
terity. The  discipline  of  work-shops,  of  schools,  of  pri- 
vate families,  though  not  more  efficient  than  at  present, 
was  infinitely  harsher.  Masters,  well  born  and  bred,  were 
in  the  habit  of  beating  their  servants.  Pedagogues  knew 
of  no  way  of  imparting  knowledge  but  by  beating  their 
pupils.  Husbands  of  decent  station  were  not  ashamed 
to  beat  their  wives.  The  implacability  of  hostile  factions 
was  such  as  we  can  scarcely  conceive. 

"Whigs  were  disposed  to  murmur  because  Stafford  was 
suffered  to  die  without  having  his  bowels  burned  before 
his  face.  Tories  reviled  and  insulted  Russell,  as  his  coach 
passed  from  the  Tower  to  the  scaffold  where  he  was  put 
to  death.  As  little  mercy  was  shown  by  the  populace  to 
the  sufferers  of  humble  rank.  If  an  offender  was  put 
into  the  pillory,  it  was  well  if  he  escaped  with  his  life  from 
brick-bats  and  paving-stones.  If  he  was  tied  on  to  the 
cart's  tail,  the  crowd  pressed  around  him,  imploring  the 
hangman  to  give  it  to  the  fellow  well  and  make  him  howl. 

"A  man  pressed  to  death  for  stealing  a  trifle,  or  a  wo- 
man burned  for  coining,  excited  less  sympathy  than  is 
now  felt  for  a  galled  horse,  or  an  over-driven  ox.^  The 
prisons  were  hells  on  earth — seminaries  of  every  crime 
and  of  every  disease.  The  lean  and  yellow  culprits,  when 
they  were  brought  into  court  from  their  cells,  brought  an 
atmosphere  of  stench  and  pestilence  with  them,  which 
sometimes  signally  avenged  them  on  the  bench,  bar  and 
jury.  But  on  all  this  misery  society  looked  with  indif- 
ference. Nowhere  could  be  found  that  sensitive  and 
restless  compassion  which  has,  in  our  time,  extended  a 
powerful  protection  to  the  factory-child— to  the  Hindoo 

"  *Two  men  were  sentenced  to  one  month's  imprisonment  at  hard  labor 
in  London,  during  the  year  1853,  for  the  crime  of  causing  unnecessary 
pain  to  a  cat  while  killing  it. 


Jap  THE   MARCH   OP   HUMANITY. 

widow — to  the  negro-slave ; — a  compassion  which  winces 
at  every  lash  laid  on  the  back  of  drunken  soldiers ; — 
which  will  not  suffer  the  thief  in  the  hulks  to  be  ill-fed 
or  over-worked,  and  which  has  repeatedly  endeavored  to 
save  the  life  of  the  murderer.  It  is  true,  that  compassion 
ought,  like  other  feelings,  to  be  under  the  government 
of  reason,  and  has  for  the  want  of  such  government,  pro- 
duced some  ridiculous  and  some  deplorable  effects.  But 
the  more  we  study  the  annals  of  the  past,  the  more  shall 
we  rejoice  that  we  live  in  a  merciful  age — in  an  age  in 
which  cruelty  is  abhorred,  and  in  which  pain,  even  when 
deserved,  is  inflicted  reluctantly,  and  from  a  sense  of  duty. 
Every  class,  doubtless,  has  gained  largely  by  this  great 
moral  change  ;  but  the  class  which  has  gained  most  is 

THE  POOREST,  THE  MOST  DEPENDENT  AND  THE  MOST 
DEFENCELESS." 

And  it  may  be  added,  these  are  the  v^ry  classes  that 
most  need  the  gain.  They  are  the  very  classes  for  whom 
the  blessed  Jesus  specially  labored;  and  never  since  he 
returned  to  his  Father,  and  our  Father,  has  there  been  a 
time  when  they  so  occupied  the  thoughts  of  the  humane, 
and  when  all  the  elements  and  forces  of  the  world's  life 
so  contributed  to  their  improvement  and  happiness  as  the 
present. 


CHAPTER    III. 

APPEAL   TO    CHRISTIANS. 

Humanity  is  not  yet  "full  grown"— Dreadful  eyils  still  exist— The  Conservative  has 
no  desire  to  go  back,  and  will  not  advance— Opinions  of  Generations  to  come  of  our 
Barbarities— The  Duty  of  the  Christian  to  tbe  Living— Christians  must  labor  in  the 
Cause  of  Humanitv  or  the  Work  must  stop.- The  Growth  of  Humanity  confined  to 
Christian  Countries— Dreadful  Barbarities  of  the  Chinese— Where  Christianity  prevaiU 
iu  its  purest  and  most  living  form,  there  is  the  largest  Benevolence. 

Thus  have  we  demonstrated  the  sure  progress  of  hu- 
manity. But  let  not  the  reader  infer  from  what  yre  have 
said,  that  humanity  is  yet  "full  grown."  There  are  still 
dreadful  evils,  moral  and  social,  in  our  world,  and  a  vast 
amount  of  human  suffering — suffering  arising  from  pov- 
erty, crime,  ignorance  and  cruelty,  which  can  and  must 
be  ameliorated.  We  appeal  to  the  reader  for  his  co-op- 
eration— his  sympathy,  advice  and  assistance.  You  look 
back  upon  the  past  as  exhibited  in  these  pa^es,  and  you 
say,  "  Really  the  world  has  progressed  in  its  humanities. 
I  have  no  desire  to  go  back  and  live  under  the  customs 
and  laws  which  held  rule  two  centuries  ago.  Our  fathers 
must  have  suffered  extreme  anxiety  and  great  peril  con- 
stantly. I  rejoice  that  reforms  so  important  to  the  in- 
terest and  happiness  of  man,  have  been  effected."  All 
this  is  very  well.  But  do  you  think  it  probable 
that  all  meeded  good  has  been  effected?  Is  there  nothing 
more  that  Christianity  and  humanity  demand  at  our 
hands?  Have  we  arrived  at  the  neplus  ultra  of  reform? 
If  not,  should  we  not  go  forward?  You  do  not  desire  to 
go  back,  but  will  you  advance  ?  Everybody  is  opposed  to 
going  back.     Thousands  of  sticklers  for  the  death  pen- 

(37) 


38  APPEAL   TO   CHRISTIANS. 

alty  for  murder^  condemn  the  rigid  laws  of  our  fathers, 
and  thank  God  that  they  did  not  live  in  the  seventeenth 
century.  It  is  difficult  to  get  the  conservative  to  move 
willingly.  He  holds  hack,  but  like  a  horse  in  a  ferry- 
boat, no  matter  how  stubbornly  he  pulls  back,  the  boat 
moves,  and  he  goes  with  it  in  spite  of  himself,  and  when 
once  over,  he  has  no  disposition  to  return.  Where  is 
the  man  who  has  been  carried  forward  on  the  broad  tide 
of  moral  and  spiritual  reform,  for  the  last  half  century, 
though  never  so  much  against  his  will,  that  desires  to 
return  to  the  delusion,  superstition  and  inhumanity  from 
which  he  has  merged?  Why  he  can  only  look  back  and 
wonder  that  his  fathers  could  have  remained  so  long  in 
darkness. 

Thus  it  will  be  with  the  generations  to  come.  They 
will  refer  to  the  unchristian  barbarities  of  our  day,  and 
say  of  us,  "  How  astonishing  that  our  fathers  could  have 
conceived  it  either  expedient  or  necessary  to  deliberately 
kill  men  and  women  because  they  killed!"  Our  fathers 
were  instrumental  in  the  execution  of  their  own  chil- 
dren for  disobedience; — they  strangled  men  and  wo- 
men for  theft,  witchcraft  and  profanity,  and  we  are  aston- 
ished." Will  not  our  children  be  equally  astonished  at 
our  perverseness  in  upholding  the  gibbet  as  a  Christian 
institution,  and  our  almost  total  neglect  of  the  millions 
of  young  and  old,  upon  whom  the  doom  of  poverty  has 
fixed  its  seal?  Examine,  then,  the  several  subjects  pre- 
sented in  the  future  pages  of  this  work  carefully.  You 
do  not  believe  that  the  sanguinary  laws  of  our  fathers 
were  either  just,  necessary,  or  Christian;  and  by  inves- 
tigation, you  may  come  to  hav«  just  as  little  faith  in  the 
necessity,  justice  or  Christianity  of  the  gallows  for  any 
crime. 

If  you  are  a  professed  Christian,  then  I  would  exhort 


APPEAL   TO    CHRISTIANS.  39 

you  especially  to  consider  what  we  have  to  offer  before  you 
"  turn  from  us  and  pass  away."  Remember,  that  every 
man,  no  matter  how  poor,  or  sinful,  or  ignorant,  or 
wretched,  is  your  brother;  bound  up  with  you  in  the  same 
bundle  of  temporal  and  eternal  interests.  Christ  died  for 
him  as  well  as  for  you,  and  when  on  earth,  he  sought  after 
just  such  to  heal  and  bless  them.  You  believe  it  to  be 
your  duty  to  labor  for  their  future  salvation,  that  their 
immortal  souk  may  be  secure  from  suffering  beyond  the 
grave.  But  is  it  not  equally  your  duty  to  labor  for  the 
amelioration  of  their  condition  in  life,  as  Christ  labored 
when  on  earth.  "Come,  ye  blessed  of  my  Father,  inherit 
the  kingdom  prepared  for  you  from  the  foundation  of 
the  world ;  for  I  loas  an  hungered  and  ye  gave  me  meat;  I 
was  thirsty  and  ye  gave  m^e  drink;  I  was  a  stranger  and 
ye  took  me  in;  naked  and  ye  clothed  me;  I  was  sick  and  ye 

visited  me;  I  was  in  prison  and  ye  came  unto  me 

Verily  I  say  unto  you^  inasmuch  as  ye  have  done  it  unto  ONE 
OF  THE  LEAST  OF  THESE  my  brethren^  ye  have  done  it 
unto  me."* 

Now,  is  it  possible  for  you  to  enter  the  spiritual  king- 
dom of  the  Lord  Jesus — a  kingdom  of  "righteousness, 
peaceandjoy" — and  experience  its  promised  blessings,  so 
long  as  you  neglect  to  "remember  in  mercy"  the  weak 
and  perishing  ones,  whose  bodies  as  well  as  souls  Christ 
himself  has  made  it  your  duty  to  look  after  and  bless  ? 

Another  consideration  you  must  not  fail  to  notice,  viz: 
that  the  world  must  be  renovated,  if  at  all,  through  the  in- 
fluence  of  the  Christian  religion.  If  Christians  fail  to 
labor  in  the  cause  of  humanity,  therefore,  the  work  must 
stop.  I  have  demonstrated  the  growth  of  humanity  in 
the  world;  but  this  advancement  is  confined  mainly  to 
Christian  countries,  as  is  its  civilization,  and  the  progress 

^Matthew  25:  34—40. 


40  \  APPEAL   TO  CHRISTIANS. 

of  science,  art,  and  philosophy,  and  all  the  activities  of 
the  world's  life. 

I  said  in  a  previous  chapter,  that  I  desired  to  encour- 
age the  Christian  in  the  labors  of  humanity,  by  showing 
that  Christianity  is  the  main-spring  in  all  moral,  social 
and  intellectual  progress,  and  advancement  in  humanity. 

Let  him  take  a  map  of  the  world,  and  examine  for 
himself.  The  nations  of  the  earth,  when  considered  in 
a  religious  point,  are  arranged  into  two  great  classes,  viz  : 
the  Pagan  and  Christian;  and  these  two  into  other  two, 
viz:  the  first  into  Pagan  and  Mohammedan,  and  the  second 
into  Catholic  and  Protestant.  Now,  in  what  countries 
do  we  find  the  progress  and  growth  which  I  have  de- 
scribed in  these  pages?  Where  the  most  intense  love  of 
learning?  Where  the  schools  and  colleges?  Where  the 
profound  knowledge  of  science?  Where  the  books,  news- 
papers, post  routes,  railroads,  and  other  marks  of  a  high 
form  of  civilization?  And  above  all,  where  the  growth 
in  humanity,  which  alone  is  the  truest  seal  of  the  highest 
human  progress? 

Take  a  map  and  trace.  The  activities  and  develop- 
ments of  which  I  have  spoken  are  not  in  Africa.  There, 
darkness  and  cruelty  still  reign  predominant.  We  visit 
Asia — India,  China,  and  what  is  the  result?  Yery 
nearly  the  same  as  that  of  Africa.  The  people  of  the 
"Celestial  Empire"  boast  of  their  antiquity.  The  Chi- 
nese, if  we  believe  the  affirmations  of  their  philosophers, 
were  the  first  and  the  purest  people  formed  by  the  gods. 
They  have  existed  from  all  eternity,  and  from  all  eternity 
the  same.  They  never  change.  Change,  development, 
with  them  is  weakness.*     And  the  consequence  is,  the 

*  It  is  said  of  a  Chinaman,  that  he  chanced  to  learn  to  roast  a  pig,  three 
handred  years  ago,  by  the  burning  of  a  house ;  and  to  this  day,  when  one 
of  his  descendants  wishes  to  roast  a  pig,  he  bums  a  house,  not  having  been 
able  to  discover  any  other  method. 


APPEAL   TO  CHRISTIANS.  41 

grossest  superstition  and  ignorance,  and  the  most  dread- 
ful barbarities  still  prevail  among  them.  During  the 
past  year  (1855)  more  than  150,000  "  rebels "  have 
been  executed  in  the  most  dreadful  manner,  in  China. 
An  American,  present  during  one  day  of  slaughter  in 
Canton,  writes  as  follows  concerning  the  dreadful  scenes 
that  passed  before  his  eyes : 

"  As  we  approached  the  execution  ground  many  were 
met  with  their  hands  to  their  nostrils,  or  with  their  tails 
tied  round  their  faces,  for  the  purpose  of  avoiding  the 
horrid  stench,  which  could  literally  be  "felt"  at  a  con- 
siderable distance.  The  ground  was  covered  with  par- 
tially dried  gore,  the  result  of  the  past  day's  work.  There 
are  no  drains  to  take  the  blood  away,  nor  is  any  substance 
used  to  slake  it.  One  man  was  found  digging  holes  for 
two  crosses,  on  which,  he  said,  four  were  to  be  tied  and 
cut  in  pieces. 

"  The  execution  had  been  fixed  for  noon ,  At  half-past 
eleven,  half  a  dozen  men  arrived  with  the  knives,  preceded 
by  the  bearers  of  rough  deal-wood  boxes,  decorated  with 
bloody  sides.  These  were  the  coffins.  Unconcern  was  the 
general  appearance  of  the  soldiers  and  spectators,  of  whom, 
altogether,  there  may  have  been  one  hundred  and  fifty. 
At  a  quarter  of  twelve,  the  first  batch  of  ten  prisoners  ar- 
rived, speedily  followed  by  the  rest  in  similar  quantities. 

"  Each  prisoner  (having  his  hands  tied  behind  his 
back,  and  labeled  on  the  tail,)  appeared  to  have  been 
thrust  down  in  a  wicker  basket,  over  which  his  chained 
legs  dangled  loosely,  the  body  riding  uncomfortably,  and 
marked  with  a  long  paper  tally,  pasted  on  a  slip  of  bam- 
boo thrust  between  the  prisoner's  jacket  and  his  back. 
These  "man-baskets,"  slung  with  small  cords,  were  car- 
ried on  bamboos  on  the  shoulders  of  two  men.  As  the 
prisoners  arrived,  each  .was  made  to  kneel  with  his  face 
4 


42  APPEAL   TO  CHRISTIANS. 

to  the  south.  In  a  space  of  about  20  feet  by  12  we 
counted  as  many  as  seventy,  ranged  in  half  a  dozen  rows. 
At  five  minutes  to  twelve  a  white-button  mandarin  ar- 
rived, and  the  two  to  be  first  cut  in  pieces  were  tied  to 
the  crosses.  While  looking  at  this  frightening  process 
the  execution  commenced,  and  twenty  or  thirty  must 
have  been  headless  before  we  were  aware  of  it.  The  on- 
ly sound  to  be  heard  was  a  horrid  cheep — cheep — cheep, 
as  the  knives  fell.  One  blow  was  sufficient  for  each — 
the  head  tumbling  between  the  legs  of  the  victim  before 
it.  As  the  sword  falls,  the  blood-gushing  trunk  springs 
forward,  falls  on  the  breast,  and  is  still  for  ever. 

"In  four  minutes,  the  decapitation  was  complete;  and 
then  on  the  other  victims  commenced  the  barbarity, 
which,  to  think  of  only,  is  sufficiently  barbaric.  With  a 
short  sharp  knife  a  slice  was  cut  out  from  under  each 
arm.  A  low,  suppressed,  fearful  groan  from  each  fol- 
lowed the  operation  of  the  weapon.  Dexterous  as  butch- 
ers, a  slice  was  taken  successively  by  the  operators  from 
the  calves,  the  thighs,  and  then  from  each  breast.  We 
may  suppose,  we  hope,  that  by  this  time  the  sufferers 
were  insensible  to  pain ;  but  they  were  not  dead.  The 
knife  was  then  stuck  into  the  abdomen,  which  was  ripped 
up  to  the  breast-bone,  and  the  blade  twisted  round  and 
round  as  the  heart  was  separated  from  its  holding.  Up 
to  this  moment,  having  once  set  eyes  on  the  victim  un- 
der torture,  they  had  become  fixed  as  by  fascination; 
but  they  could  be  riveted  there  no  longer.  A  whirling 
sensation  ran  through  the  brain,  and  it  was  with  diffi- 
culty we  could  keep  ourselves  from  falling.  But  this 
was  not  all ;  the  lashings  were  then  cut,  and  the  head, 
being  tied  by  the  tail  to  a  limb  of  the  cross,  was  severed 
from  the  body,  which  was  then  dismembered  of  hands 
and  arms,  feet  and  legs,  separately.    After  this  the  man- 


APPEAL  TO  CHRISTIANS.  43 

darins  left  the  ground,  to  return,  however,  with  a  man 
and  woman ;  the  latter,  it  was  said,  the  wife  of  one  of  the 
rebel  chiefs — the  man  a  leader  of  some  rank.  The  wom- 
an was  cut  up  in  the  way  we  have  described ;  for  the  man, 
a  more  horrible  punishment  was  decreed.  He  was  flayed 
alive.  We  did  not  see  this,  but  it  was  witnessed  by  the 
Sergeant  of  Marines  of  the  United  States,  J.  P.  Kenne- 
dy— the  cry  at  the  first  insertion  of  the  knife  across  the 
forehead,  and  the  pulling  of  the  flesh  over  the  eyes,  being 
most  horrible." 

How  shocking  this  description !  And  the  more  shock- 
ing to  the  senses  of  the  well-informed  Christian,  from  the 
fact  that  he  fech  the  enormity,  the  astounding  injustice 
and  folly  of  such  barbarities!  We  look  in  vain,  then, 
in  the  Pagan  world  for  the  developments  which  we  have 
described. 

We  come  next  to  Turkey,  where  Mohammed  and  the 
Koran  have  had  their  day  and  their  influence,  and  what 
is  the  result?  Do  we  discover  a  love  of  improvement 
and  learning — a  progression  in  the  arts,  science,  and 
knowledge,  among  the  Turks?  or  do  they  grow  in  the 
divine  principles  of  benevolence  and  humanity?  Are 
they  influencing  the  world  of  mankind,  on  these  subjects, 
by  their  essays,  and  books — and  by  missionary  eff"ort? 
Not  at  all.  The  Turk  loves  his  belly  and  his  ease,  and 
hates  all  beyond.  The  whole  country  is  buried  in  a  dark 
cloud  of  ignorance  and  superstition.  There  is  not  a  post- 
route  within  its  borders,  and  the  people  are  too  indolent 
to  establish  any.  And  many  of  their  laws  and  customs 
are  such  as  marked  the  sterner  cruelties  of  the  darker 
ages.  No,  in  no  Pagan,  in  no  Mohammedan  country,  do 
we  discover  the  developments  which  we  have  described. 

We  have  only  the  Christian  nations  left.  And  here 
they  exist.     But  ifiey  exist  no  where  else  on  the  face  of  the 


^  APPEAL  TO  CHRISTIANS. 

globe.  Does  not  this  significant  fact  teacli  us  a  lesson 
with  reference  to  the  influence  of  Christianity  in  effecting 
this  glorious  result?  Many  men  rail  at  the  Christian 
religion.     Here  is  matter  for  the  contemplation  of  such. 

There  is  one  other  significant  fact  connected  with  this 
subject,  which  I  feel  it  my  duty  to  mention,  viz:  that 
the  growth  in  humanity,  and  the  activities  of  which  I 
have  spoken,  are  confined  mainly  to  Protestant  countries. 
Take  the  map,  and  examine  again.  Visit  South  and 
Central  America,  Mexico  and  Cuba; — pass  over  into 
Spain,  Portugal,  Italy.  In  all  of  these  countries  Cathol- 
icism is  the  predominant  religion ;  but  in  none  of  them 
do  we  find  an  active  moral  or  intellectual  development. 
Here  are  ignorance,  superstition,  filth,  immorality,  crime, 
cruelty  and  tyranny;  but  few  schools,  newspapers,  books, 
Bibles  or  colleges.  It  is  for  the  simple  reason,  that  un- 
mixed Romanism  forbids  growth.  It  anathematizes  pro- 
gression, starving  and  stinting  the  soul.  In  the  main,  it 
is  not  Christian.  The  Inquisition  is  no  Christian  insti- 
tution. To  decapitate  men,  women,  and  children; — to 
burn  them  over  a  slow  fire  of  green  wood ; — to  draw 
them  asunder,  joint  by  joint,  or  incarcerate  them  in 
gloomy  dungeons,  is  not  Christ-like.  Still,  notwith- 
standing all  these  corruptions  of  Christianity,  we  find 
even  Catholic  countries  in  advance  of  the  Pagan  or  Mo- 
hammedan. 

But  it  is  where  the  people  have  had  the  Bible  in  their 
own  hands,  and  studied  for  themselves  the  commands  of 
God  and  the  inculcations  of  a  Christian  philosophy,  that 
the  growth  of  humanity  is  untrammeled  and  has  mani- 
fested itself  in  a  universal  diffusion  of  knowledge,  and  a 
broad  and  generous  desire  for  the  improvement  and  hap- 
piness of  the  race.  In  G-reat  Britain  and  the  United 
States,  the  inspired  word  has  been  circulated  without 


APPEAL  TO  CHRISTIANS.  45 

"let  or  hindrance."  Here,  Christianity,  in  a  purer 
and  more  divine,  loving  and  benevolent  form,  exists. 
And  where  it  does  so  exist,  no  matter  in  what  commu- 
nity, there  you  behold  the  highest  form  of  civilization  on 
earth — the  most  profound  love  of  learning — the  most 
humane  laws — the  largest  benevolence,  the  purest  moral- 
ity, the  least  crime,  and  the  greatest  amount  of  happiness. 
We  are  certain  of  the  truth  of  what  we  say.  Reader,  we 
ask  again,  are  you  a  professed  Christian?  If  so,  we  re- 
peat, Consider  well  the  claims  of  what  we  say  in  the 
future  pages  of  this  book,  before  you  decide  against 
them  ;  for  only  in  Christianity^  and  the  efforts  of  its  support- 
ers^ is  there  hope  of  the  world^s  renovation. 


CHAPTER    IV. 

ABOLISHMENT  OF  THE  GALLOWS. 

The  Gallows  a  Relic  of  Barbarism— It  is  Unnecessary  and  Unchristian— Should  be 
Abolished  -It  has  been  regarded  the  Hand -maid  of  the  Church -But  so  was  the  Pil- 
lory, the  Stocks,  and  the  Whipping-post  -The  Charge  of  "  Morbid  Sympathy"  — It  will 
not  apply  to  the  Great  and  Good  who  have  labored  for  Reform— The  Boy  hung  in  Alex- 
andria, La.— Touching  Incidents, 

If  the  reader  has  perused  the  preceding  pages,  he  is 
prepared  for  what  we  have  to  say  on  the  abolishment  of 
the  Death  Penalty.  The  gallows  we  honestly  believe  to 
be  a  relic  of  barbarism — is  not  a  Christian  institution — is 
the  cause  of  more  crime  than  it  cures — is  unnecessary — is 
condemned  by  the  spirit  of  the  Christian  religion,  and 
should,  therefore,  be  condemned  by  every  good  citizen, 
and  especially  by  every  professed  Christian;  and  the  law 
that  sustains  it  should  be  wiped  from  the  statute  book 
of  every  civilized  state  and  nation  under  heaven. 

"Abolish  the  gallows!"  exclaim  thousands  of  excel- 
lent men  and  women,  as  they  start  and  raise  their  hands 
in  astonishment;  "what  would  become  of  society  without 
the  gallows!"  "Abolish  the  gallows!"  echoes  the  min- 
ister of  God;  "the  gallows,  an  instrument  sustained  by 
God's  own  law,  and  which  has  been  the  hand-maid  of 
the  Church  for  long  centuries,  in  the  protection  of  life 
and  property,  and  so  efficacious  in  preventing  the 
depredations  of  the  robber  and  assassin  !  Oh  !  this  will 
never  do — Tieoer!  never!!  There  would  be  no  safety 
for  honest  people !" 
(46) 


ABOLISHMENT  OP  THE  GALLOWS.         47 

So  said  our  fathers  and  mothers  when  the  whipping- 
post, the  stocks  and  the  gallows  graced  every  churchyard 
in  the  country,  and  were  thought  to  be  as  necessary  to 
good  order  and  good  government  as  the  pulpit  or  the 
Bible.  I  can  assure  you,  my  readers,  that  the  reforms 
in  human  punishments,  which  I  have  described  in  the 
preceding  pages,  were  not  eifected  without  an  effort. 
Every  inch  of  ground  has  been  stoutly  contested  by  those  / 
who  venerate  the  customs  of  the  fathers.  When  it  was 
proposed  by  the  humane  to  abolish  the  whipping-post, 
the  stocks,  and  the  pillory,  many  were  alarmed  at  the 
bare  thought  of  such  a  change,  and  said :  "  These  punish- 
ments are  of  divine  origin, — how  can  society  exist  with- 
out them?"  And  yet  these  old  relics  of  barbarism  have 
passed  away  forever,  and  society  is  still  in  existence. 
No  moral  earthquake  has  shaken  the  foundations  of  com- 
munity, and  the  institutions  of  Christianity  are  not 
totally  demolished. 

Indeed,  as  we  have  seen,  all  rejoice  that  a  better  day 
has  dawned,  and  would  not  return  to  the  wilderness  from 
which  our  fathers  escaped,  for  any  consideration.  Now 
what  we  desire  is,  that  our  Christian  communities  should 
have  faith  in  the  divine  teachings  of  their  religion,  and 
like  the  children  of  Israel,  journey  still  on  toward  the 
promised  land.  Most  certainly  Christianity  predicts  the 
time  the  gallows  shall  cease  to  exist;  when  every  nation, 
tribe  and  language,  shall  unite  in  one  holy  and  harmo- 
nious society,  and  labor  to  ^^save,  and  not  to  destroy  men's 
lives;"  when  ^^  violence  shall  no  morehe  heard  in  the  land:^' 
when  "  the  knowledge  of  the  Lord  shall  cover  the  earth;" 
when  "the  wolf  shall  dwell  with  the  lamb,  and  the  leop- 
ard shall  lie  down  with  the  kid,  and  the  calf  and  the 
young  lion  and  the  fatling  together,  and  a  little  child 
shall  lead  them."     Then  "judgment  shall  dwell  in  the 


48         ABOLISHMENT  OF  THE  GALLOWS. 

wilderness,  and  righteousness  in  the  fruitful  field,  and 
the  work  of  righteousness  shall  be  peace,  and  the  effect 
of  righteousness  quietness  and  assurance  forever ;  and  all 
people  shall  dwell  in  peaceable  habitations,  and  in  sure 
dwellings,  and  in  quiet  resting-places.^' 

When  the  fulfilment  of  this  blessed  prediction  shall  be 
realized,  as  it  surely  will  be  in  the  progress  of  the  Chris- 
tian religion,  we  think  it  altogether  probable  that  the 
gallows  will  be  known  only  upon  the  pages  of  history, 
and  as  an  instrument  of  the  darker  ages. 

One  consideration  more,  before  we  enter  on  the  main 
argument.  Great  exertions  are  made  by  those  who  sus- 
tain the  gallows,  and  are  in  favor  of  a  rigid  penal  code, 
to  impress  the  public  mind  with  the  idea  that  those  who 
advocate  a  reform  have  no  regard  for  the  public  welfare 
—no  love  for  good  order  and  good  government — are  full 
of  a  morbid  sympathy  for  the  criminal — but  entertaining 
no  regard  for  those  whom  his  lawless  passions  have  de- 
f^troyed — that  we  are  mere  "  humanity  mongers;'^ — and 
even  say  that  all  we  desire  is,  that  all  law  should  be  abol- 
ished, so  that  robbers  and  assassins  and  murderers  may 
be  turned  out  into  the  world,  to  wander  up  and  down  the 
earth,  "  like  a  roaring  lion,  seeking  whom  they  may 
devour." 

Now  all  this  is  unfair — it  is  ungenerous — it  is  posi- 
tively/a?se  .^  Look  at  the  long  list  of  eminent  Christian 
men,  of  modern  times,  who  were  so  earnestly  engaged  in 
the  reform  of  which  I  am  speaking,  and  answer,  could 
they  have  acted  from  the  motive  thus  ascribed  to  them? 
Were  Lafayette,  and  Dr.  Johnson,  and  Judge  Black- 
stone,  and  Montesquieu,  and  Sir  Thomas  Moore,  and 
Livingston,  and  Howard,  and  Franklin,  and  Lord 
Brougham,  and  Fox,  and  Pitt,  and  Rush,  and  Wilber- 
FORCE,  and  Channing.  and  Rantoul,  and  Upham — were 


ABOLISHMENT  OF  THE  GALLOWS.         49 

these  great  and  good  men  regardless  of  good  order  and 
good  government?  Were  they  laboring  only  to  save  the 
miserable  criminal  from  merited  punishment?  Had  they 
no  sympathy  for  society  as  well  as  for  the  oiFender? 
Were  they  disposed  to  abolish  all  law,  and  permit  the 
most  desperate  villains  to  run  at  large?  Why,  you  might 
as  well  charge  Christ  himself  with  cherishing  a  ^^mor- 
hid  sympathy^''  for  he  was  their  guide.  Then  consider  the 
character  of  the  Quakers.  They,  as  a  sect,  have  always 
opposed  the  gallows.  Are  they  not  a  pure,  peaceable,  or- 
der-loving and  excellent  people  ?  Are  they  disregardful 
of  the  public  good  ? 

Why,  we  must  have  laws — and  penal  laws — so  long  as 
there  are  wicked  men  to  be  punished.  But  it  does  not, 
therefore,  follow,  that  we  must  punish  any  man,  or  woman, 
or  child,  by  killing.  Have  we  not  strong  prisons  and  bars 
an.d  bolts  enough,  and  places  for  solitary  confinement,  if 
necessary  ?  Can  not  the  citizens  of  the  great  State  of 
Ohio,  or  *any  other,  guard  themselves  with  all  their  jails 
and  State  prisons  and  penitentiaries,  from  the  depreda- 
tions of  the  few  persons  who  may  be  disposed  to  murder? 
Must  we  take  them  from  our  prisons  where  they  are  per- 
fectly secure,  and  choke  the  life  out  of  them  as  a  Christian 
duty,  and  for  fear  they  may  again  injure  us  ?  A  few 
months  since,  (Sept.,  1855,)  the  people  of  Alexandria, 
La.,  were  engaged  in  the  work  of  strangling  a  little  boy 
on  the  gallows,  only  ten  years  old.  A  secular  paper,*  in 
giving  an  account  of  the  affair,  said:  "  On  the  day  be- 
fore he  was  called  to  face  death,  some  gentlemen  visited 
him  and  propounded  questions  to  him ;  but  his  answers 
were  and  could  be  no  other  than  childish.  He  was,  I  be- 
lieve, only  ten  years  old.  The  gentlemen  told  him  the 
sheriiF  was  to  hang  him  the  next  morning,  and  asked  him 

*  New  Orleans  Delta. 
5 


50         ABOLISHMENT  OF  THE  GALLOWS. 

what  he  thought  of  it,  whether  he  had  made  his  peace 
with  (rod,  and  why  he  did  not  pray?  His  answer  was,  'I 
have  been  hung  many  a  time.'  He  was,  at  the  time,  amus- 
ing himself  with  some  marbles  he  had  in  his  cell.  He  was 
playing  all  the  time  in  jail,  never  once  thinking  that 
death  was  soon  to  claim  him  as  its  victim.  To  show  how 
a  child's  mind  ranges  when  about  to  die,  I  will  mention 
that,  when  upon  the  scaffold,  he  begged  to  be  permitted 
to  pray,  which  was  g^-anted,  and  then  he  commenced  to 
cry  !     0,  what  a  horrible  sight  it  was !" 

Now,  was  that  act  necessary?  Was  it  Christian  ?  Was 
it  humane?  Was  it  not  rather  barbarous  and  cowardly? 
In  our  view,  Christian  missionaries  need  not  go  to  the 
Sandwich  Islands  to  find  heathen  customs  and  barbari- 
ties. Pagans  would  be  ashamed  of  the  above  deed  1  I 
would  abolish  the  gallows,  then,  not  from  a  morbid  sym- 
pathy for  the  criminal — not  because  we  would  screen 
him  from  punishment — nor  because  we  disregard  the 
security  and  welfare  of  society — but  for  other  important 
reasons,  which  to  us  are  good  and  sufficient; — some  of 
which  we  will  now  present. 


CHAPTER    V. 

FIRST  REASON  FOR  ABOLISHMENT. 

The  Gallows  an  institution  of  Ven°reance —Lynch  Law—"  String  him  np,"  "  Stretch 
his  neck,"  "  Burn  him."  not  Christian  exclamations— Execution  of  Colt  m  New-York 
—Declarations  of  Venjteance  of  Christian  Ladies  in  Cincinnati— All  this  foreign  from 
the  spirit  of  the  Christian  Religion,  and  condemned  by  it. 

The  first  reason  I  would  offer  for  the  abolishment  of 
the  Death  Penalty  is,  It  is  founded  in  a  spirit  of  retalia- 
tion.    It  is  a  work  of  vengeance  ! 

We  profess  to  be  a  Christian  people.  Retaliation  and 
vengeance  are  inconsistent  with  Christianity.  Lynch 
law  sometimes  prevails  in  some  portions  of  our  country. 
A  man  commits  a  gross  outrage,  which  exasperates  the 
public  mind.  Yengeance!  vengeance!  is  now  the  cry. 
The  culprit  is  seized,  and  either  hung  up  and  strangled, 
or  tied  to  a  stake  and  burned.  Nothing  but  revenge  will 
satisfy  the  enraged  multitude. 

Now,  in  this  act,  you  perceive  the  spirit  which  first 
prompted  the  taking  of  human  life  for  crime,  and  which 
does  much  towards  sustaining  the  gallows  at  the  present 
time.  How  many  do  we  find  in  every  community  who 
advocate  the  existence  of  the  Death  Penalty  on  this  very 
ground?  "  The  miserable  off'ender  of  the  law,"  say  they, 
''has  outraged  society — he  isn't  fit  to  live — he  has  no 
claims  on  society  for  life — his  brother's  blood  should  be 
avenged!     String  him  up,  we  say — string  him  up  ! " 

(51) 


% 


62  FIRST   REASON   FOR   ABOLISHMENT. 

Bills  for  the  abolisliment  of  the  Death  Penalty  have 
been  rejected  in  the  Legislatures  of  New- York,  Penn- 
sylvania and  Ohio,  at  different  times,  mainly  from  the 
influence  of  the  argument  drawn  from  what  was  called 
the  justice  of  capital  punishment.  It  was  argued  that 
"men  who  would  murder  ought  to  be  killed;" — they 
^^ deserved  this  punishment;" — "hanging  was  just  good 
enough  for  them;"  while  the  speakers  actually  ridiculed 
the  "mock  sympathy"  that  would  institute  a  milder 
punishment  for  a  man  guilty  of  death.  When  a  magis- 
trate of  eminence,  in  conversation  with  Mr.  Livingston 
the  philanthropist,  on  this  subject,  was  driven  from 
every  other  argument,  he  said  very  frankly,  "  I  must 
confess  that  there  is  some  little  feeling  of  revenge  at  the 
bottom  of  my  opinion  on  the  subject."  "  If  all  other 
reasoners,"  adds  Mr.  Livingston,  "  were  equally  candid, 
there  would  be  less  difficulty  in  establishing  true  doc- 
trines." "  Passion  first  made  revengeful  laws,  and  re- 
venge once  incorporated  with  the  system  of  justice,  re- 
produced its  own  image,  after  passion  had  expired." 

When  Colt  was  expected  to  be  executed  in  New- York, 
some  years  since,  and  the  people  had  assembled  in  thou- 
sands to  witness  the  act,  and  it  was  found  that  a  por- 
tion of  the  prison  was  on  fire — a  writer,  describing  the 
scene,  said: 

"The  hearts  of  men  were  filled  with  murder;  they 
gloated  over  the  thoughts  of  vengeance,  and  were  rabid 
to  witness  a  fellow-creature's  agony.  They  complained 
loudly  that  he  was  not  to  be  hung  high  enough  for  the 
crowd  to  see  him.  '  What  a  pity  ! '  exclaimed  a  woman 
who  stood  near  me, 'gazing  at  the  burning  tower;  ^  the^/ 
will  have  to  give  him  two  hours  more  to  liveT  " 

And  when  a  man,*  who  now  lies  in  jail  in  this  city, 

*  Arrison,  the  Torpedo  Murderer. 


FIRST   REASON    FOR   ABOLISHMENT.  63 

ctarged  witli  a  diabolical  murder,  was  taken  and  brought 
here,  both  men  and  women,  even  ladies- — Christian  ladies, 
exclaimed,  "Hang  him!" — "String  him  up!" — "He 
deserves  to  have  his  neck  stretched! "  One  lady — a  most 
devout  member  of  a  most  devout  Church — went  so  far  aa 
to  declare,  in  her  wrath,  that  "he  should  be  hung  by  his 
toes,  head  downward,  that  he  might  die  by  inches ! " 
the  common  method  being  too  merciful. 

Now,  this  is  the  spirit  which  prompts  the  work  of 
death,  but  it  is  not  the  spirit  of  Christ.  It  is  the  spirit 
which  nailed  him  to  the  cross,  but  not  the  spirit  which 
dictated  that  more  than  mortal  petition,  "  Father^  forgive 
them,  they  know  not  what  they  do^ 

I  behold  the  Savior,  as  he  went  from  place  to  place 
blessing  the  poor — healing  the  sick — raising  up  the 
bowed  down — imparting  hope  to  the  sinner,  and  weep- 
ing of  er  the  frailties  and  sufferings  of  humanity ;  hut  no 
where  do  I  see  him  giving  countenance  to  an  act  of  vengeance. 
On  one  occasion,  when  the  Samaritans  refused  t©  receive 
him  into  their  city,  we  read  that  his  disciples  said, 
"  Lord,  wilt  thou  that  we  command  fire  to  come  down 
from  heaven  and  consume  them,  even  as  Elias  did?'* 
How  were  they  exasperated  !  But  what  said  Jesus,  that 
calm,  and  mild,  and  blessed  being?  "He  turned  and  re- 
buked them;  and  said,  Ye  know  not  what  manner  of 
spirit  ye  are  of     For  the  Son  of  Man  is  not  come  to 

DESTROY   men's   LIVES,  BUT   TO   SAVE   THEM." 

"As  if  he  had  said,"  remarks  Dr.  Adam  Clarke,  the 
Methodist  commentator,  in  his  paraphrase  on  this  text, 
"  Ye  do  not  consider  that  the  present  is  a  dispensation 
of  mercy  and  love;  and  that  the  design  of  Grod  is  not  to 
destroy  sinners,  but  to  give  them  space  to  repent,  that  he 
may  save  them  unto  life  eternal.  And  ye,  my  disciples, 
do  not  consider  that  the  zeal  which  you  feel  springs  from 


64  FIRST   REASON   FOR   ABOLISHMENT. 

a-n  evil  principle  within  you.  Let  not  the  followers  of 
that  Christ  who  died  for  his  enemies,  think  of  avenging 
themselves  on  the  sinner." 

Now,  these  are  reasonable  and  Christian  words.  The 
closing  declaration  is  full  of  meaning.  "  Let  not  the 
followers  of  that  Christ  who  died  for  his  enemies,  think  of 
avenging  themselves  on  the  sinner ^  Did  Christ  ever  avenge 
himself  on  the  sinner?  Did  he  ever  hang,  or  burn,  or 
kill? 

"  Artists  once  loved  to  paint  the  Savior  in  the  lowly- 
toil  of  lowly  men ;  his  garments  covered  with  the  dust 
of  common  life;  his  soul  sullied  by  no  pollution.  But 
paint  him  to  your  fancy  as  an  executioner — legally  killing 
a  man;  the  halter  in  his  hands,  leading  Judas  to  tho 
scaffold  for  high  treason  !  You  see  the  relation  which 
such  an  act  bears  to  Christianity."  You  perceive  that 
in  Christ  it  would  not  be  Christian.  And  if  not  Chris- 
tian in  him,  how  can  it  be  in  you  and  /,  who  hold  up  the 
hands  of  the  sheriff  when  he  destroys  the  life  of  a  fellow- 
creature? 

No,  my  reader,  the  true  Christian  can  never  avenge 
himself  on  the  sinner.  And  yet,  how  general,  how  uni- 
versal, has  been  the  work  of  vengeance  by  the  Church. 
Look  at  the  slaughter  of  the  inquisition; — the  millions 
slain  by  order  of  the  Romish  Church !  Our  law  for  kill- 
ing is  said  to  be  humane;  for  while  it  demands  the  life 
of  the  offender,  it  requires  that  he  be  executed  in  the 
quickest  possible  manner,  and  in  the  way  that  shall  pro- 
duce the  least  pain.  But  it  was  not  thus  with  our  fa- 
thers; not  thus  with  the  old  Church  when  it  was  actuated 
only  by  revenge.  As  we  have  seen,  our  fathers  not  only 
killed,  but  they  tortured,  in  a  manner  the  most  diabolical; 
by  burning — by  the  rack — by  pulling  out  toe  and  finger 
nails,   unjointing   the    limbs — flaying    alive,    &c.,    &c. 


FIRST   REASON   FOR   ABOLISHMENT.  55 

Christian  writers  have  detailed  a  long  list  of  modes  of 
killing,  as  perpetrated  by  the  Church,  and  which  were 
resorted  to  only  to  wreak  vengeance  on  the  poor  victim, 
by  producing  the  greatest  possible  suffering.  Amongst 
these,  may  be  mentioned  the  following:  "  Crucifixion — 
burning — roasting — hanging  by  the  leg  or  rib — starving 
—  sawing  asunder — exposing  to  wild-beasts — rending 
asunder  by  horses  drawn  opposite  ways — burying  alive 
— blowing  from  the  mouth  of  a  cannon — compulsory  de- 
privation of  sleep — rolling  in  a  barrel  stuck  with  nails — 
pressing  slowly  to  death  by  a  weight  laid  on  the  breast — 
casting  headlong  from  a  rock — tearing  out  the  bowels, 
or  the  heart — pulling  to  pieces  with  red-hot  pincers — 
stretching  on  the  rack — breaking  on  the  wheel — squeez- 
ing the  marrow  from  the  bones  by  screws  or  wedges," 
&c.,  &c. 

Now,  is  all  that  Christian?  Is  it  not  rather  diabolical? 
And  when  men  have  been  put  to  death  from  this  re- 
vengeful, this  hellish  spirit,  have  they  not  been  murdered? 
What  is  murder  ?  It  is  to  kill  with  malice  prepense  or 
aforethought.  It  matters  not  whether  one  man  or  ten 
thousand  commit  the  deed ;  if  we  destroy  human  life  with 
premeditated  vengeance^  we  murder.  Every  man,  there- 
fore, who  says,  "String  him  up" — "Crucify  him" — 
"  Stretch  his  neck  " — "  He  deserves  to  be  killed,"  etc., 
etc.,  has  the  spirit  of  murder  in  his  soul,  which  is  un- 
christian, and  should  never  be  cherished.  I  again  say, 
The  gallows  is  sustained  by  this  spirit,  and  should 
therefore  be  abolished,  for  we  profess  to  be  Christians. 


CHAPTEll  VI. 

SECOND  KEASON  FOR  ABOLISHMENT. 

EACH  CITIZEN'S     RESPONSIBILITY. 

Each  Citizen's  responsibility  for  the  acts  of  the  Gallows— Inconsistency  of  Chris- 
tians—" Thou  Shalt  not  kill"— Killing  by  Proxy-Dreadful  Case  of  Young  Boyincton— 
So  long  as  the  Death  Penalty  remains,  can  I  shJake  ofl'  inr  Individual  Reipons'ibility-I 
wish  to  have  no  part  nor  lot  in  the  shedding  of  Human  Blood— The  Authority  of" the 
State  to  kill -Has  it  such  Authority  '—Argument  of  Rantoul. 

Another  reason  why  I  labor  for  the  abolishment  of  the 
gallows,  is,  that  so  long  as  men  are  executed  in  the  State 
of  which  I  am  a  citizen,  /  feel  that  as  a  citizen,  I  with 
others,  am  responsible  for  the  act;  a  sort  of  particeps  crimi- 
nis — ^^ accessory  before  the  fact.'' 

"  Thou  shalt  not  kill,"  is  one  of  the  Ten  great 
commandments  of  the  Decalogue.  When  I  listen,  it 
comes  as  the  voice  of  Grod,  the  Great  Fountain  of  all 
Life,  to  my  soul.  "  Thou  shalt  not  kill."  These  words 
I  learned  to  repeat  by  heart,  when  a  little  child  at  Sab- 
bath School.  "  To  destroy  human  life,"  said  my  pious 
teacher,  "  is  the  most  dreadfully  wicked  act  that  was  ever 
committed!"  So  said  my  minister;  and  so  said  all  his 
Church. 

And  yet,  my  Sabbath  School  teacher,  my  minister,  and 
all  his  Church,  would  themselves  hill; — not  as  individuals, 
but  as  citizens  of  the  State; — and  not  with  their  own 
hands,  but  through  the  instrumentality  of  the  hangman. 

I  look  around  in  society,  and  I  find  that  very  much 
the  same  instruction  is  given  in  all  our  Sabbath  Schools 
(56) 


SECOND   REASON   FOR   ABOLISHMENT.  57 

and  Churches,  concerning  the  sixth  commandment,  as 
when  I  was  a  child,  whilst  the  same  disposition  is  mani- 
fested, on  the  part  of  the  people,  to  violate  its  require- 
ments. Our  Christian  fathers  and  mothers,  lawyers, 
doctors  and  divines,  still  say  it  is  very  wicked  to  kill ; 
and  yet,  each  of  our  thirty-one  States,  with  the  few  ex- 
ceptions I  have  stated  in  the  preceding  pages,  have  en- 
acted laws  which  absolutely  require  the  death  of  men, 
women  and  children,  when  guilty  of  certain  offenses. 
Yea,  even  if  innocent^  the  same  demand  is  made,  provided 
the  tribunal  before  which  they  are  tried,  believes  them  to 
be  guilty,  and  they  have  no  means  of  establishing  their 
innocence. 

Now,  for  one,  I  desire  not  to  participate  in  any  such 
responsibility.  A  few  years  since,  suspicion  was  fastened 
upon  a  respectable  young  man,  by  the  name  of  Boying- 
ton,  in  Louisiana,  of  having  murdered  a  fellow-lodger  at 
a  tavern.  He  was  tried,  found  guilty,  and  condemned  to 
death.  His  letters  to  his  parents  from  his  prison  were 
most  touching — and  always  to  the  purpose  that  he  knew 
nothing  of  the  crime  for  which  he  was  condemned. 

When  placed  on  the  gallows,  he  made  an  able  and 
most  moving  vindication  of  himself ;  again  protesting,  in 
the  name  of  Grod,  that  innocence  which  his  fellow-men 
refused  to  believe.  He  said  he  could  not  die  for  such  a 
crime,  when  he  was  no  more  guilty  than  any  man  in  the 
vast  crowd  before  him.  But  when  informed  that  he 
must  suffer — that  there  was  no  help  for  him — he  broke 
wildly  loose  from  those  by  whom  he  was  surrounded  on 
the  scaffold,  and  rushed  in  among  the  multitude,  in  the 
most  piteous  manner  crying,  in  the  name  of  God,  for 
help,  and  repeating  the  assurance,  with  the  most  dread- 
ful shrieks,  that  he  was  innocent.  He  was  soon  again  se- 
cured by  the  sheriff,  dragged  back  to  the  scaffold,  and  in 


^-1 


58  SECOND   REASON   FOR   ABOLISHMENT. 

the  midst  of  the  most  awful  cries,  and  heart-rending 
calls  for  mercjj  launched  into  eternity. 

What  followed? — A  few  months  after  this  terrible 
scene,  the  tavern-keeper,  on  his  death-bed,  confessed  his 
own  guilt,  and  proved  the  innocence  of  young  Boyington  ! 

But  now  it  was  too  late.  The  die  had  been  cast.  The 
innocent  victim  was  slain.  His  life  could  not  be  re- 
Btored.  His  poor,  heart-broken  mother  mourned  over 
the  event  a  few  weeks,  and  was  laid  in  the  grave  beside 
her  unfortunate  son. 

Now  permit  me  to  inquire  of  my  reader :  "  Who  killed 
that  young  man?"-  "Who  killed  him?"  you  respond: 
"Why  the  sheriff,  the  hangman."  No,  my  friend,  you 
mistake.  The  hangman  acted  simply  as  an  instrument 
of  the  government.  "Ah,  yes,"  say  you,  "  I  see  how  it 
is,  the  government  killed  him.  The  government  made  the 
law  declaring  that  he  should  be  killed;  described  hoio 
he  should  be  killed,  and  who  should  be  used  as  an  in- 
strument  in  the  work  of  death.  Then  the  government 
strangled  the  man,  simply  using  the  hands  of  the  sheriff 
to  adjust  the  knot — place  the  rope — draw  down  the  cap, 

and let  him  swing."     Just  so.     But  then  there  is 

another  question  behind  all  this,  in  which  you  and  / 
should  have  been  specially  interested  if  we  had  been  cit- 
izens of  Louisiana  at  that  time,  viz:  Who,  or  lohat,  consti- 
tutes the  government  of  a  State?  "  Who,  or  what,  consti- 
tutes the  government,"  you  ask.  Yes.  Suppose  you 
desire  to  find  the  government  of  the  State  of  which  you 
are  a  citizen,  where  would  you  seek  for  it?  "Why,"  say 
you,  "  I  should  seek  it  at  the  capitol  of  the  State,  if  the 
Legislature  was  in  session."  But  would  you  find  it 
there?  Suppose  you  should  enter  the  Senate-chamber 
of  your  State,  seat  yourself  by  the  side  of  some  leading 
politician,  and  tell  him  your  errand.     What  reply  do  you 


SECOND   REASON    FOR   ABOLISHMENT.  59 

think  lie  would  make,  if  an  honest  and  intelligent  man? 
I  will  tell  you.  "  My  dear  sir,  you  have  come  to  the 
wrong  place  to  find  the  government  of  our  State.  We 
are  merely  '  the  servants  of  the  people.'  We  never  do 
anything  without  'feeling  the  public  pulse.'  The  wishes 
of  our  constituents,  when  fully  known,  are  '  law  and 
gospel'  with  us.  You  perceive,  therefore,  that  it  is  not 
we  who  govern  the  State,  but  the  State  that  governs  us !" 

If  you  should  enter  the  private  room  of  your  governor, 
and  counsel  him,  the  same  answer  would  be  returned,  if 
the  truth  were  uttered.  "Go  home  to  the  people  T  he 
would  exclaim,  "if  you  wish  to  find  the  government  of  our 
State.  They  place  us  in  these  offices — direct  us  what  to 
do,  and  we  are  particularly  careful  to  see  that  their  will 
is  respected,  when  once  fully  known,  especially  when  we 
are  made  to  realize  that  they  are  determined  and  in  earnest. '* 

The  people,  then,  are  the  government  of  the  State, 
They  are  responsible  for  its  laws  and  institutions,  while 
the  officers  of  government  are  only  responsible  for  the 
execution  of  the  laws. 

Suppose,  now,  that  when  the  unfortunate  young  man, 
Boyington,  mentioned  above,  was  forced  upon  the  gal- 
lows a  second  time,  to  be  strangled,  all  the  time  terribly 
conscious  of  his  own  innocence,  you  and  I  had  been  pres- 
ent amid  the  swaying  throng  as  witnesses  of  the  awful 
spectacle.  When  we  heard  him  declaring,  in  the  most 
heart-rending  accents,  his  innocence — appealing  to  the 
multitude  for  mercy,  saying,  "Oh,  spare  me;  for  the  love 
of  God  and  my  poor  mother,  spare  me!  I  am  not  fit  to  die! 
I  am  innocent!" — when  we  saw  and  heard  all  this,  I 
repeat,  should  we  not  have  felt  that  we  weie  participators 
in  this  act ;  and  if  the  poor  man  was  innocent,  our  hands 
were  not  clean  of  the  awful  crime  of  his  murder.  Sup- 
pose he  should  have  pointed  to  individuals  then  present 


60  SECOND   REASON   FOR  ABOLISUMENIP. 

and  have  said,  *'  Sir, you  kill  me,  and  i/ou,  &nd you; — you, 
and  such  as  you  are  the  State  ; — you  have  instituted,  and 
you  sustain  the  law  which  requires  that  I  should  be 
killed ; — you  sanction  this  work ;  you  pay  the  court  for 
condemning,  and  these  men  for  strangling  me!"  If  he 
had  made  such  an  appeal,  would  not  every  word  of  it 
have  been  true  ? 

All  the  more  humane  and  Christian  of  the  multitude 
might  have  declared,  "  We  have  no  sympathy  for  the 
gallows — we  have  no  desire  for  your  death.  If  our  pray- 
ers could  be  answered,  you  would  be  spared; — we  wash 
our  hands  clean  of  this  act."  But  would  this  declaration 
have  changed  the  responsibility  from  them  to  others,  in- 
asmuch as  they  were  still  citizens  of  the  State,  and  paid 
their  money  and  lent  their  influence,  in  making  its  law* 
and  maintaining  its  institutions  ? 

Now,  for  my  own  part,  I  do  not  wish  to  occupy  a  posi- 
tion like  this.  If  a  man  should  murder  my  own  child, 
or  the  dearest  friend  I  have  on  earth,  if  once  fairly  se- 
cured in  prison,  I  would  never  consent  to  his  death. 
To  kill  him  would  only  be  imitating  his  own  wicked  ex- 
ample. It  would  be  of  no  advantage  to  me.  It  would 
not  restore  life  to  my  child  or  friend.  It  could  not  ben- 
efit the  culprit.  It  would  be  simply  a  work  of  vengeance, 
which  the  religion  I  profess  utterly  forbids.  I  say  again, 
I  could  not,  therefore,  consent  to  his  death.  And  yet, 
as  a  citizen  of  the  State,  I  am  made,  even  against  my 
own  will,  to  share  the  responsibilities  of  every  legalized 
murder  the  State  commits.  A  large  majority  of  the  most 
order-loving  and  Christian  portion  of  the  people  of 
Ohio  and  other  States,  are  unquestionably  opposed  to 
the  Death  Penalty.  Their  humanity  rises  up  against  it. 
And  yet,  so  long  as  this  law  remains  on  our  statute 
books,  and  men  are  executed,  so  long  will  these  thou- 


EACH   citizen's   RESP0N8IBILITT.  61 

sands  be  under  the  necessity  of  participating  in  the  act, 
and  feel  responsible  for  its  results. 

Another  consideration.  If  an  assassin  should  enter 
my  dwelling  at  midnight,  with  the  intent  to  murder,  but 
should  miss  his  aim,  and  I  should  succeed  in  securing 
him  hand  and  foot  with  strong  cords,  I  should  feel  that 

■  I  had  no  right  to  proceed  and  deliberately  beat  out  his 
brains,  even  if  I  possessed  a  desire  to  commit  so  dastard 
an  act.  He  is  secure.  He  can  do  me  no  further  injury; 
and  if  I  should  kill  him  under  such  circumstances,  the 
State  would  call  it  murder,  and  hold  me  responsible  for 
the  deed,  declaring  that  I  had  no  authority  to  deprive 
him  of  life,  when  he  was  once  secure.  And  this  is  true. 
But  then  the  State  would  take  this  same  man,  and  though 
possessed  of  means  to  hold  him  far  more  securely  than 
I,  would  go  to  work,  and  after  weeks  or  months  of  prepa- 
ration, commit  the  very  deed  which,  if  perpetrated  by  me, 
as  an  individual,  it  pronounces  murder.     Now,  an  im- 

•  portant  and  very  interesting  question  arises,  viz:  Whence 
derives  the  State  its  authority  for  this  deed  f  Many  good 
and  wise  men  have  argued,  and  not  without  reason,  that 
it  has  no  authority.  Look  at  the  subject  a  moment. 
Who  constitute  the  State  ?  Answer  :  Its  citizens,  irre- 
spective of  numbers,  whether  ten  persons,  ten  hundred, 
or  ten  hundred  thousand.  Well,  it  is  plain  that  they  can 
possess  no  authority  in  their  associated  capacity  as  a 
State,  hut  such  as  is  derived  from  themselves  as  individuals. 
The  State  cannot  say,  I  have  a  right  to  kill  because  I  am 
the  State,  or  because  I  have  the  power ;  it  can  only  say,  I 
have  a  right  to  kill  because  the  citizens  which  consti 
tute  this  body  have  delegated  this  authority  to  me.  This 
being  admitted,  then,  we  ask,  can  any  individual  dele- 
gate to  another  or  others  a  right  which  he  himself  does 
not  possess  ?    Reader,  you  ar«  a  citizen  of  some  State,  and, 


62  SECOND   REASON   FOR   ABOLISHMENT. 

therefore,  a  constituent  member  of  tlie  body-politic. 
You  grant,  as  an  individual,  you  have  no  right  to  beat 
out  the  brains  of  an  assassin,  whom  you  have  securely 
bound.  Now,  can  you  confer  this  right  upon  another 
man,  or  ten  other  men,  when  you  do  not  yourself  possess 
it?  You  answer,  that  the  authority  is  derived  from  the 
compact,  in  which  the  citizens  of  the  State  have  mutually 
agreed  to  surrender  life  under  certain  circumstances.  But 
here  the  same  question  returns  upon  us,  Can  a  man  enter 
any  compact  by  which  he  can  confer  upon  others  author- 
ity which  he  does  not  himself  possess? 

Grod  has  given  me  life.  I  hope  I  am  grateful  for  this 
blessing— iwi  he  has  given  me  no  control  over  my  life.  I 
hold  it  under  him.  I  have  no  authority  to  destroy  my 
existence  or  barter  it  away.  I  cannot  commit  suicide  ; 
I  cannot  sell  my  life,  or  dispose  of  ray  existence  in  any 
possible  manner,  for  God  has  given  me  no  such  authority, 
hvit  positively  forbidden  it.  Now,  as  I  have  no  right  to 
dispose  of  my  existence,  can  I,  by  entering  a  compact, 
delegate  to  others  this  right? 

There  is  a  provision  in  law,  that  no  man  shall  burn 
his  own  buildings;  and,  can  he  authorize  another  to 
burn  his  buildings  when  he  has  no  such  right  himself? 
The  law  of  God  declares,  "  Thou  shalt  notf*steal."  Can 
any  man  who  has  no  right  to  steal,  delegate  this  right  to 
another?  No.  All  can  see,  then,  that  we  have  no  power 
to  give  to  another  or  others  anything  which  we  ourselves 
do  not  possess. 

Now,  then,  suppose  that  ten  men,  or  an  hundred,  con- 
stitute a  colony  on  some  island,  or  in  some  new  territory, 
and  they  assemble  to  digest  and  adopt  laws  by  which 
they  are  to  be  governed  in  their  intercourse  one  with 
another.  Have  they  any  right  to  enter  a  compact  by 
which  they  barter  away,  or  shall  forfeit  their  lives  ?     If 


EACH    citizen's   RESPONSIBILITY.  63 

I  were  one  of  this  compact,  could  I  say  to  others,  "  Gen- 
tlemen, if  I  do  certain  things,  or  leave  undone  certain 
things,  I  will  give  you  my  existence  ?  You  shall  be  at 
liberty,  and  have  the  right  to,  strangle  the  life  out  of  me? 
And  if  either  of  you  are,  in  like  manner,  guilty,  I  shall 
claim  the  same  right  to  strangle  you  ?"  To  my  mind  it 
is  very  plain,  that  if  I  entered  such  a  league,  I  should  as 
really  transcend  any  authority  that  I  possess,  as  I  should 
to  burn  my  own  buildings,  or  kill  the  assassin  whom  I 
had  safely  secured. 

Says  Mr.  Rantoul,=*^  "  A  man  holds  his  life  as  a  tenant 
at  will — not,  indeed,  of  society,  who  did  not  and  cannot 
give  it,  or  renew  it,  and  have,  therefore,  no  right  to  take 
it  away — but  of  that  Almighty  Being  whose  gift  life  is, 
to  whom  it  belongs,  and  who  alone  has  a  right  to  reclaim 
his  gift  whenever  it  shall  seem  good  in  his  sight.  A  man 
may  not  surrender  up  his  life  till  he  is  called  for.  May 
he,  then,  make  a  contract  with  his  neighbor  that  in  such 
and  such  case  his  neighbor  shall  kill  him  ?  Such  a  con- 
tract, if  executed,  would  involve  the  one  party  in  the 
guilt  of  suicide^  and  the  other  in  the  guilt  of  murder. 

"  If  a  man  may  not  say  to  his  next  neighbor,  '  When 
I  have  burned  your  house  in  the  night  time,  or  wrested 
your  purse  from  you  on  the  high-way,  or  broken  into 
your  house  in  the  night,  with  an  iron  crow,  to  take  a 
morsel  of  meat  for  my  starving  child,  do  you  seize  me, 
shut  me  up  a  few  weeks,  and  then  bring  me  out  and 
strangle  me ;  and  in  like  case,  if  your  turn  comes  first,  I 
will  serve  you  in  the  same  way ' — if  I  could  not  make 
this  agreement  with  one  of  my  neighbors,  would  such  an 
agreement  between  ten  of  us  be  any  more  valid  or  justifi- 
able?    No.     Nor  if  the  number  were  a  hundred  instead 

*  An  eminent  Boston  lawyer,  who  has  labored  with  much  industry  for 
years  in  the  cause  of  humanity.  No  man  has  accomplished  more  in  the 
Boftening  of  the  penal  codes  of  the  New-England  States  than  Mr.Rantoul. 


64  SECOND    REASON    FOR   ABOLISHMENT. 

of  ten — or  a  thousand — or  twenty  millions,  who  should 
form  this  infernal  compact,  would  this  increase  of  the 
number  of  partners  vary  one  hair's  breadth  the  moral 
character  of  the  transaction  ?  If  this  execution  of  the 
contract  be  not  murder  on  the  one  side,  and  suicide  on 
the  other,  what  precise  number  of  persons  must  engage 
in  it,  in  order  that  what  was  criminal  before  may  become 
innocent,  not  to  say  virtuous  ?  And  upon  what  hitherto 
unheard-of  principles  of  morality  is  an  act  of  murder  in 
an  individual,  or  a  small  corporation,  converted  into  an 
act  of  justice  whenever  another  subscriber  has  joined  the 
association  for  mutual  sacrifice  ?  It  is  a  familiar  fact  in 
the  history  of  mankind,  that  great  corporations  will  do, 
and  glory  in,  what  the  very  individuals  composing  them 
would  shrink  from  or  blush  at.  But  how  can  the  division 
of  the  responsibility  transform  vice  into  virtue,  or  dimin- 
ish the  amount  of  any  given  crime  ?" 

There  is  both  truth  and  reason  in  the  foregoing.  If  it 
is  morally  wrong  for  one  man  to  steal,  it  is  morally 
wrong  for  ten — twenty — fifty — a  hundred — or  a  hundred 
millions,  to  steal.  If  it  is  morally  wrong  for  one  man  to 
take  human  life,  when  the  culprit  is  securely  bound,  it 
is  morally  wrong  for  ten,  twenty,  fifty,  a  hundred,  or  a 
hundred  millions,  to  commit  the  act.  I,  therefore,  feel 
that  as  a  citizen,  I  should  use  my  influence  to  abolish  a 
law  which  I  fully  believe  is  not  valid,  and  for  which  I 
feel  that  I  should  not  be  held  responsible,  and  yet  must 
be,  so  long  as  it  remains. 

Mr.  Rantoul  says  that  "great  corporations  will  do,  and 
glory  in,  what  the  very  individuals  composing  them 
would  shrink  from  or  blush  at."  This  is  true.  Let  me 
secure  the  assassin  with  manacles  and  cords,  and  chain 
him  to  a  post  so  that  he  can  not  move,  hand  or  foot; 
»nd  though  he  had  murdered  my  wife  and  children,  I 


65 

should  blush  and  be  ashamed  to  cut  his  throat,  or  beat 
out  his  brains,  or  strangle  him  with  a  halter,  now  that  he 
is  secure  and  helpless  *  Indeed,  it  would  be  a  murder- 
ous and  dastardly  act.  For  no  consideration  would  I 
thus  become  an  executioner.  And  should  I  ask  another 
to  do  an  act  for  me  which  I  would  shrink  from  do- 
ing myself  with  the  utmost  horror  ?  And  this  is  what 
I  demand  of  the  State  when  I  ask  the  State  to  sustain 
the  gallows.  It  is  what  the  State  consents  to  do,  when  it 
places  upon  its  statute  books  the  Death  Penalty.  It  be- 
comes the  executioner  of  those  who  are  securely  bound 
or  imprisoned,  and  for  whose  further  depredations  it  can 
have  no  fears.  Thus  will  great  corporations  do,  and  glory 
in,  what  the  very  individuals  composing  them  would 
shrink  from  or  blush  at. 

In  concluding  this  chapter,  I  would  remark  that  some 
may  say  that  the  Bible  affords  authority  for  killing,  and 
refer  us  to  "  Moses  and  the  Prophets."  In  reply,  I  an- 
swer, that  it  was  Moses  and  the  Prophets  who  authorized 
our  fathers  to  burn  the  witches,  execute  for  profanity, 
strangle  their  children  for  disobedience,  and  hang  for 
stealing  forty  shillings.  But  was  this  authority  valid  ? 
And  if  so,  why  is  it  not  still  in  vogue  ?  Suppose  Moses 
gave  this  authority  to  a  particular  people,  existing  under 

*  Dr.  Rush  says  :  "  The  power  over  human  life  is  the  sole  prerogative 
of  Him  who  gave  it.  Human  laws  are,  therefore,  in  rebellion  against 
this  prerogative  when  they  transfer  it  to  human  hands."  I  understand 
Mr.  Rantoul  to  advance  the  same  doctrine  in  the  above  argument ;— that 
is,  that  human  life  is  in  the  hands  of  God  alone — that  power  over  it  is  his 
sole  prerogative,  and,  therefore,  that  man  has  no  right  to  destroy  the  life 
of  his  fellow  under  any  circumstances.  Many  good  men  have  advocated 
the  same  doctrine.  It  is  not  my  design  to  discuss  it  in  this  work,  as  it  ia 
not  necessary;  but  I  wish  simply  to  say  that,  though  every  mB.-a  feels  that, 
the  power  of  life  and  death  is  alone  in  the  hands  of  God,  he  aXso  feels  that 
self-preservation  is  the  first  law  of  his  nature,  and  that  if  an  assassin  were 
cutting  his  throat,  or  murdering  his  wife  and  children,  he  would  be  re- 
creant to  the  duty  which  he  owes  to  himself  and  his  family,  if  he  did  not 
protect  them  to  the  utmost  of  bis  power,  even  to  the  sacrifice  of  the 
assassin's  life. 


66  SECOND    REASON    FOR   ABOLISHMENT. 

peculiar  circumstances,  in  a  dark  and  rude  state  of  soci- 
ety, can  we  claim  the  same  authority  from  the  same 
source  ? 

We  live  under  the  influence  of  a  "new  and  better  cov- 
enant." We  are  not  heathen  nor  Hebrews,  but  Chris- 
tians. Show  me  a  single  declaration  or  act  of  Christ  or 
his  apostles  that  sanctions  the  gallows — or  burning — be- 
heading— strangling — the  rack — the  wheel,  or  the  taking 
of  human  life  in  any  form,^  or  for  any  crime^  and  I  will 
yield  the  argument.  But  till  then,  you  must  not  con- 
demn me  if  I  love  the  spirit  and  commands  of  my  Mas- 
ter more  than  the  inhumanity  and  barbarity  of  a  darker 
age. 

More  on  this  point  when  we  come  to  consider  the 
scriptural  argument  for  the  gallows. 


CHAPTER  VII. 

THIRD  REASON  FOR  ABOLISHMENT. 

IRREMEDIABILITY. 

Execution  of  the  Innocent— The  evil  cannot  he  remedied— Declaration  of  Lafayette- 
Execution  of  the  Innocent  during  the  French  Revolution— Dying  Protestations  of  In- 
nocence—Injustice of  executing  the  Innocent — Instance  of  the  Imprisonment  of  an  In- 
nocent Man  Agony  which  the  Innocent  must  experience  in  Conviction  and  Execution — 
Execution  of  an  Innocent  Man  in  Indiana— Execution  of  a  Poor  German  Execution 
of  an  Innocent  Young  Girl — Innocent  Man  hung  in  England — Circumstantial  Evidence 
not  to  be  relied  on— Positive  Evidence  not  always  Certain— Extract  from  O'Connel  of 
Ireland. 

One  of  tlie  most  pressing  and  cogent  reasons  with  me 
for  the  abolishment  of  the  Death  Penalty,  is  the  fact 
that  so  long  as  it  remains  on  our  statute  books,  and  is  en- 
forced, the  INNOCENT  are  liable  to  be  put  to  death  as  well 
as  the  guilty. 

The  great  and  good  Lafayette  said,  "  I  shall  ask  for 
the  abolishment  of  the  Penalty  of  Death,  until  I  have  the 
infallibility  of  human  judgment  demonstrated  to  me." 
And  he  said  this  because  of  the  awful  scenes  he  had  wit- 
nessed in  consequence  of  the  execution  of  the  innocent. 
"  The  punishment  of  Death  has  always  inspired  me  with 
feelings  of  horror,"  he  exclaimed,  "  since  the  execrable 
use  made  of  it  during  the  former  revolution."  During 
that  revolution,  the  innocent  and  the  guilty  were  made 
to  pour  out  their  blood  upon  the  block  indiscriminately. 
"  Oh !  spare  me ;  for  before  Grod  I  proclaim  my  inno- 
cence !  " — "  With  the  voice  of  a  dying  mortal  I  solemnly 
declare   that   I   am  guiltless ! "   were   protestations   for 

(67) 


68  THIRD   REASON   FOR   ABOLISHMENT. 

which  the  guillotine  tarried  not  in  its  work  of  death. 
Neither  has  the  gallows  in  Europe  and  America.  In 
England  more  than  10,000  men  and  women  have  been 
executed  who  protested  most  sacredly,  with  their  las-t 
breath,  that  they  had  no  knowledge  of  the  crimes  for 
which  they  were  about  to  suffer.  And,  in  the  United 
States,  the  number  is  rising  three  hundred. 

It  is  true,  that  even  the  dying  testimony  of  men  is 
not  always  to  be  credited ;  but,  out  of  so  many,  is  it  not 
altogether  probable  a  large  number  uttered  the  truth  ? 
Some  of  them — indeed,  a  majority — were  entitled  to 
credit,  for  they  had  become  hopeful  converts  to  the 
Christian  religion  —  were  "  changed  from  nature  to 
grace" — fitted  for  the  immortal  spheres,  and  were  expect- 
ing a  world  of  glory  on  passing  away  from  this  world  of 
sin.  So  said  their  spiritual  advisers,  and  so  said  the 
Christian  Church  generally.  Hence  I  repeat,  they  were 
entitled  to  credit  among  Christians.  But  they  were  7iot 
credited.  On  the  contrary,  every  one  of  them  was  stran- 
gled;— yes,  strangled  by  the  hands  of  Christians,  in  the 
very  midst  of  their  protestations  of  innocence ! 

Now,  as  I  view  the  subject,  to  kill  a  human  being  for 
a  crime  of  which  he  is  innocent,  is  one  of  the  most  un- 
just and  dreadful  deeds  that  can  be  perpetrated.  He  is 
made  to  suffer  an  evil  which  it  is  impossible  to  remedy. 
We  can  restore  property^  and  liherty.,  and  even  character., 
to  the  innocent,  but  we  can  never  restore  life.  A  few 
years  ago,  a  man  in  the  western  part  of  Massachusetts 
was  convicted  of  burning  a  barn,  on  the  positive  evide-nce 
of  a  neighbor,  and  was  sentenced  to  the  State  prison  for  six 
years.  But  when  three  years  had  passed,  the  very  man 
on  whose  testimony  he  was  convicted,  when  on  his  death 
bed,  confessed  his  own  guilt  in  the  crime ;  and  thus  was 
the  innocent  man  restored  to  liberty,  and  to  his  discon- 


Innocent  Man  preparing  for  Execution  — Page  69, 


■^^'^^. 


IRREMEDIABILITY.  69 

solate  and  wretched  family,  who  had  been  deprived  of 
his  presence  and  assistance  during  these  long  and  pain- 
ful months  and  years.^  But  though  he  was  restored, 
ho\t  could  that  world  of  mortification,  and  anxiety,  and 
suffering,  which  he  and  his  family  had  experienced,  be 
restored  ? 

Now,  this  was  sufficiently  unjust  and  dreadful,  but  it  is 
as  nothing — or  as  the  mere  "dust  in  the  balance" — when 
compared  with  the  evil  perpetrated  in  executing  the  in- 
nocent. Here,  nothing  can  he  done  to  remedy  the  evil.  The 
poor  victim  has  gone  into  eternity.  It  is  now  too  late. 
Think  of  the  long  days  and  nights  of  suffering  of  the 
doomed  man,  when  in  prison  awaiting  his  trial ;  of  his 
agony,  when  the  awful  word  "  guilty"  is  pronounced, 
and  his  sentence  passed.  Think  of  the  days  and  weeks 
of  wretchedness  which  follow; — of  his  soul  on  fire  with 
the  conviction  of  his  own  innocence,  when  the  world  will 
not  credit  his  protestations.  Think  of  his  grief  when 
the  awful  thought  comes  to  his  soul,  that  his  own 
parents,  his  wife,  his  darling  children,  will  always  believe 
him  a  felon ;  and  must  always  suffer  the  disgrace  that 
will  attach  to  his  memory.  Think  of  his  agony  as  his 
day  of  doom  approaches,  and  he  takes  his  last  farewell 
of  wife  and  children.  He  is  innocent,  but  no  man  be- 
lieves it,  and  he  has  no  means  of  proving  it.  He  stands 
upon  the  gallows,  and  still  protests  his  innocence,  but  in 
vain.  For  weeks  and  months  he  has  lived  on  the  hope 
that  a  just  God  would  not  desert  him;  that  in  his  Provi- 
dence the  truth  would  be  revealed,  and  his  innocence 
proved.     But  now  he  is  in  despair.     The  fatal  noose  is 

*  The  State,  feeling  the  injustice  it  had  thus  inflicted  on  one  of  its 
citizens,  by  three  years'  false  imprisonment,  made  an  effort — a  very  wiak 
effort  it  was — to  compensate  him  for  his  labor  while  in  prison.  The  Leg- 
islature magnanimously  voted  the  stipend  of  $300,  as  an  eqnivalefit  for 
three  years'  confinement  and  hard  labor.     And  this  was  all. 


70  THIRD    REASON    FOR   ABOLISHMENT. 

fixed;  the  minister  has  commended  him  to  Grod,  and 
prayed  that  He  will  have  mercy  on  his  soul,  when  he 
feels  no  mercy; — the  cap  is  drawn  down,  and  the  hang- 
man is  ready  to  strike  the  blow  that  will  send  him  into 
eternity,  and  yet  there  is  no  one  to  testify  to  his  inno- 
cence. He  must  die,  and  die  a  felon !  There  is  no  hope  ! 
Great  God !  what  must  be  the  agony  of  a  sensitive  soul, 
conscious  of  its  own  purity,  under  such  circumstances  1 
For  what  would  the  reader  take  his  place  ? 

The  DROP  FALLS !  The  man  dies — dies  a  murderer. 
His  body  is  given  over  for  dissection.  A  knowledge  of 
his  execution  is  heralded  to  the  wide  world.  But  the 
next  month,  or  week — nay,  it  may  be  the  next  hour,  (as 
has  many  times  occurred,)  the  facts  in  the  case  are  re- 
vealed, and  the  truth  of  the  poor  man's  protestations 
verified.  But  it  is  now  too  late — too  late  !  Who  can 
bring  back  the  life — or  even  restore  the  hody,  for  a  de- 
cent, Christian  burial  ?  Who  can  heal  the  wounds  of 
that  broken-hearted  widow,  or  father,  or  mother ;  or  give 
an  equivalent  for  the  long  days,  and  weeks,  and  months, 
of  agonized  sufi"ering,  on  the  part  of  the  children  ?  Oh, 
all  this  is  irreparable. 

And  yet,  the  supporters  of  the  gallows  will  turn  away 
from  this  argument,  with  a  mere  word,  as  if  the  whole 
matter  were  of  but  little  or  no  consequence.  Says  a 
minister  of  the  "true  Church,"  "  When  an  innocent  man 
sufi'ers,  all  that  can  be  said  is,  that  Providence  has  seen 
fit  to  take  away,  by  painful  exit,  one  whom  a  few  more 
years  would  have  necessarily  carried  to  the  tomb."  Yes, 
and  he  should  have  added,  "The  poor  wretch  should 
submit  to  the  mandate  of  Heaven,  without  a  pang  or  a 
Tnurmur!^^ 

Now,  is  not  that  cool?  Is  it  not  heartless?  ^^  All  thai 
can  be  said!''     Indeed;  suppose  that  the  case  were  his 


IRREMEDIABILITY.  71 

own^  or  that  of  his  son  or  daughter^  would  lie  dispose  of 
it  in  this  calm  and  philosophic  manner  ?  Would  he  not 
find  utterance  for  other  words  ?  And  does  not  that  re- 
ligion which  he  professes  teach  him  that  every  man  is  his 
brother,  and  that  he  should  feel  the  same  interest  in  the 
unjust  sufferings  of  others  that  he  does  in  his  own?  Did 
not  Jesus  forget  his  own  trials  and  weep  alone  for  others? 
And  yet  here  is  a  Christian  minister,  high  in  an  evan- 
gelical Church,  who  can  dismiss  this  great  question  of 
inhumanity  and  injustice  with  the  cold  answer,  that  if 
the  innocent  victim  is  doomed  to  be  hung  he  must  make 
the  best  of  it ;  he  would  have  died  in  a  few  years  anyhow. 
Lafayette  was  right  when  he  said  that  he  would  oppose 
the  Death  Penalty  until  the  infallibility  of  human  judg- 
ment was  demonstrated.  The  writer  of  these  pages  has 
made  this  a  principle  of  action  for  years.  It  is  his  motto 
still.  Society  had  better  permit  a  score  of  felons  to  go 
clear,  than  to  put  to  death  one  innocent  fellow-creature. 
For,  at  best,  the  murderer  cannot  escape  punishment. 
The  mark  of  Cain  is  upon  him.  "  Vengeance  is  mine,  1 
will  repay,  saith  the  Lord."  "  Though  hand  join  in  hand, 
the  wicked  shall  not  be  unpunished."  Man  is  fallible, 
but  God  cannot  err.  Human  tribunals  are  endowed 
with  only  human  wisdom,  and  though  governed  by  mo- 
tives the  most  sincere,  have  often  misjudged.  Even 
when  the  evidence  has  been  positive  and  to  the  point, 
they  have,  in  numerous  instances,  been  deceived,  and 
convicted  and  put  to  death  the  innocent.  Many  cases 
of  this  kind  have  taken  place,  both  in  this  country  and 
in  Europe,  a  few  of  which  we  relate. 

EXECUTION  OF  AN  INNOCENT  MAN  IN  INDIANA. 

Several  years  ago,  a  man  residing  about  seventy  miles 
from  Cincinnati,  died  by  poisoning,  and  suspicions  rest- 


72  THIRD   REASON   FOR  ABOLISHMENT. 

ing  on  a  near  neighbor  and  acquiantance,  he  was  arrested 
and  br.ought  to  trial.  The  wife  of  the  deceased  made 
positive  oath  that  the  prisoner  at  the  bar  was  at  her  house 
previous  to  the  sickness  of  her  husband,  and  administered 
the  poison  in  a  cup  of  coffee,  as  she  had  reason  to  believe. 
It  was  also  proven  that  the  prisoner  purchased  poison  in 
Cincinnati  about  that  time,  of  the  description  found  in 
the  stomach  of  the  deceased.  Thus  was  conviction  of  the 
man's  guilt  fixed  in  the  minds  of  the  jury.  In  his  de- 
fence, the  prisoner  admitted  that  he  had  purchased  the 
poison,  but  declared  that  he  had  purchased  it  for  the 
woman  who  swore  against  him,  and  who  said,  when  she 
sent  for  it,  that  she  wanted  to  employ  it  to  exterminate 
rats  ; — that  he  gave  it  into  her  hand  on  his  return  from 
Cincinnati,  and  was  utterly  ignorant  of  when  or  how  it 
was  administered  to  her  husband.  This  story,  however, 
availed  nothing  with  the  jury.  The  woman  was  SLreligious 
woman,  and  her  story  was  entitled  to  credit.  The  man 
was  accordingly  convicted,  sentenced  and  hung.  But  he 
always  protested  his  innocence  to  the  hour  of  his  death. 
A  few  years  passed,  and  the  guilty  woman  confessed,  not 
long  before  her  death,  that  she  was  the  guilty  wretch, 
and  declared  that  the  State  had  executed  an  innocent 
man — one  who  was  utterly  ignorant  of  the  circumstan- 
ces of  the  murder.  What  injustice  was  here!  And  yet 
the  court  and  jury  sinned  ignorantly.  The  State  was  in 
fault,  for  by  sanctioning  the  Death  Penalty  it  had  wan- 
tonly thrown  away  the  power  to  atone  for  the  grievous 
wrong.  If  the  man  had  been  put  to  work  in  the  State 
prison,  he  could  have  been  discharged  when  the  facts 
came  out; — the  State  could  have  compensated  him  for  his 
services,  and  done  what  was  in  its  power  to  make  full 
reparation  for  the  wrong  committed. 

The  following  is  another  instance,  somewhat  similar: 


IRREMEDIABILITY.  _  t3 

EXECUTION  OF  A  POOR  GERMAN  FOR  MURDER. 

A  few  years  ago,  a  poor  German  came  to  New- York, 
and  took  lodgings  where  lie  was  allowed  to  do  his  cook- 
ing in  the  same  room  with  the  family.  The  husband  and 
wife  lived  in  a  perpetual  quarrel.  One  day  the  German 
came  into  the  kitchen,  with  a  clasp-knife  and  a  pan  of 
potatoes,  and  commenced  to  pare  them  for  his  dinner. 
The  quarrelsome  couple  were  in  a  more  violent  alter- 
cation than  usual;  but  he  sat  with  his  back  towards 
them,  and,  being  ignorant  of  their  language,  felt  in  no 
danger  of  being  involved  in.  their  disputes.  But  the 
woman,  with  a  sudden  and  unexpected  movement, 
snatched  the  knife  from  his  hand,  and  plunged  it  into 
her  husband's  heart.  She  had  sufficient  presence  of 
mind  to  rush  into  the  street  and  scream  murder.  The 
poor  foreigner,  in  the  meanwhile,  seeing  the  wounded 
man  reel,  sprang  forward  to  catch  him  in  his  arms,  and 
drew  out  the  knife.  People  from  the  street  crowded  in, 
and  found  him  with  the  dying  man  in  his  arms,  the  knife 
in  his  hand,  and  blood  upon  his  clothes.  The  wicked 
woman  swore,  in  her  most  positive  terms,  that  he  had 
been  fighting  with  her  husband,  and  had  stabbed  him 
with  a  knife  he  always  carried.  The  unfortunate  Ger- 
man knew  too  little  of  English  to  understand  her  accusa- 
tion, or  to  tell  his  own  story.  He  was  dragged  off  to 
prison,  and  the  true  state  of  the  case  was  made  known 
through  an  interpreter,  but  it  was  not  believed.  Cir- 
cumstantial evidence  was  exceedingly  strong  against  the 
accused,  and  the  real  criminal  swore  that  she  saw  him 
commit  the  murder.  He  was  executed,  notwithstanding 
the  most  persevering  efforts  of  his  lawyer,  John  Anthon, 
Esq.,  whose  convictions  of  the  man's  innocence  were  so 
painfully  strong  that,  from  that  day  to  this,  he  has  refused 


74  THIRD    REASON    FOR   ABOLISHMENT. 

to  have  any  connection  with  a  capital  case.  Some  years  af- 
ter this  tragic  event  the  woman  died,  and,  on  her  death- 
bed, confessed  her  agency  in  the  diabolical  transaction  ; 
but  her  poor  victim  could  receive  no  benefit  from  this 
tardy  repentance. 

We  could  relate  many  accounts  of  this  description, 
where  the  evidence  was  positive,  had  we  space.  A  few 
must  suffice. 

EXECUTION   OF    AN    INNOCENT    YOUNG    GIRL   IN    ENGLAND. 

In  the  "  Old  Bailey  (London)  Trials"  of  the  last  cen- 
tury, there  is  an  account  of  the  conviction  and  ex- 
ecution of  a  young  girl  of  seventeen,  for  stealing  a 
roll  of  ribbon,  worth  three  shillings.  But  one  witness 
appeared  against  her,  viz :  the  shop-man.  "  The  prison- 
er came  into  my  shop,"  said  he,  "  and  bought  some  rib- 
bon. I  saw  her  secrete  this  piece  also.  I  personally 
knew  her,  and  was  on  the  most  friendly  and  sociable 
terms  with  her.  When  she  left  the  shop  I  accompanied 
her,  and  offered  her  my  arm,  which  she  accepted.  We 
chatted  together.  As  we  reached  the  corner  of  a  street 
leading  to  the  Bow  street  office,  I  turned  toward  it.  She 
said  she  was  going  in  another  direction,  and  bade  me 
good  morning.  I  said  to  her,  'iVb/  you  are  going  with 
me!  I  saw  you  steal  a  piece  of  my  ribbon!'  She  imme- 
diately implored  me  for  God's  sake  to  overlook  it,  and 
restored  to  me  the  article.  I  said  to  her  that  I  had  lost 
many  things  in  this  way,  and  was  resolved  to  make  her 
an  example — that  I  was  determined  to  have  her  lifer 

How  heartless  the  testimony  of  this  cold-blooded 
wretch.  He  accomplished  his  designs.  His  testimony 
yfdiS  positive.  The  court  and  jury  believed  his  story,  con- 
victed the  girl  and  hung  her.  And  yet  the  subsequent 
confession  of  the   shop-man   revealed  the  innocence  of 


IRREMEDIABILITY.  75^ 

the  girl,  and  tlie  enormity  of  Ms  own  sin,  in  taking  this 
method  to  hide  the  fruits  of  an  illicit  intercourse  with 
the  girl. 

From  the  relation  of  such  facts,  the  reader  will  not 
only  come  to  realize  the  injustice  liable  to  fall  upon  the 
most  innocent  at  any  moment,  but  he  will  also  discover 
how  little  implicit  credit  is  to  be  placed  upon  even  the 
most  positive  testimony.  It  is  often  said,  even  by  those 
who  sustain  the  Death  Penalty,  that  a  man  should  never 
be  convicted  and  hung  on  circumstantial  evidence,  be- 
cause of  its  uncertainty.  But  we  see  in  all  the  cases 
above  presented,  thdit  positive  testimony  is  equally  uncer- 
tain. The  witnesses  may  be  personally  interested,  and 
swear  falsely  to  shelter  themselves.  Does  not  the  reader 
see  that  so  long  as  human  tribunals  are  fallible,  that  they 
may  err,  even  when  most  certain  that  they  are  correct 
in  the  judgment  rendered.  The  following  is  another  in- 
stance of  the  same  description : 

AN    INNOCENT    MAN    HUNG    IN    ENGLAND    FOR   ROBBERY. 

A  robber  in  England  knocked  a  traveler  from  his 
liorse,  stabbed  him,  and  4ook  his  pocket-book.  It  was 
in  a  turn  in  the  road,  and  he  was  hidden  by  the  bushes. 
He  had  no  sooner  accomplished  his  work  than  he  heard 
another  traveler  approaching ;  but  he  had  injured  his 
ancle  and  could  not  escape.  He,  therefore,  secreted 
himself  near  the  place  of  the  murder.  The  traveler  came 
up,  saw  the  dying  man  with  the  dirk  still  in  his  breast. 
He  sprang  from  his  horse,  drew  out  the  dirk,  and  did 
all  in  his  power  to  staunch  the  wound,  but  in  vain.  Just 
at  that  moment  other  travelers  appeared,  and  the  robber, 
thinking  that  he  would  be  discovered,  came  boldly  from 
his  hiding-place,  and  upon  his  testimony  the  innocent 
man  was  arrested,  and,  to  his  own  astonishment,  on   his 


% 


70  THIRD   REASON   FOR   ABOLISHMENT. 

person  was  found  the  pocket-book  of  tlie  murdered  man. 
The  real  thief  had  slipped  it,  unperceived,  into  his 
pocket,  at  a  moment  when  all  eyes  were  turned  in  an- 
other direction.  The  prisoner  protested,  in  the  most 
positive  manner,  his  innocence ;  but  there  were  the  posi- 
tive testimony  of  the  witness,  the  bloody  dirk  in  his 
hand,  as  seen  by  other  witnesses,  the  pocket-book  of 
the  murdered  man  found  on  his  person,  and,  besides  all 
this,  it  was  shown  that  he  and  the  deceased  were  ene- 
mies. He  was,  therefore,  convicted,  sentenced  and  hung. 
In  a  few  months  the  real  murderer  was  convicted  of  an- 
other crime,  and  when  on  the  gallows  confessed  the  facts 
as  above  related. 

Again,  circumstantial  evidence  sometimes  appears 
equivalent  to  positive  and  certain  proof,  it  is  so  linked 
and  woven  together,  and  yet  there  may  be  no  proof  in  it. 
Consider  the  following  cases : 

A    SURGEON    CHARGED    WITH    THE    MURDER    OF    HIS 
SERVANT. 

A  gentleman  was  tried  in  Dublin  on  the  24th  of  May, 
1728,  charged  with  the  murder  of  his  maid-servant.  An 
opposite  neighbor  saw  him  admitted  into  his  house  about 
ten  at  night,  by  his  servant,  who  opened  the  door,  hold- 
ing in  her  hand  a  lighted  candle  in  a  brazen  candlestick. 
Not  long  after,  the  gentleman  made  an  alarm,  exclaim- 
ing that  his  servant  was  murdered.  The  woman  was 
found  a  corpse  in  the  kitchen,  her  head  fractured,  her 
neck  wounded  so  as  to  divide  the  jugular  vein,  and  her 
dress  steeped  in  blood.  On  further  search,  the  inquirer 
discovered  that  the  prisoner  had  on  a  clean  shirt,  while 
one  freshly  stained  with  blood,  and  ascertained  to  be  his, 
was  discovered  in  the  recess  of  a  cupboard ;  where  also 
was  found  a  silver  goblet,  bearing  the  marks  of  a  bloody 


IRREMEDIABILITT.  77 

thumb  and  finger.  The  prisoner  fainted  on  being  shown 
the  shirt.     He  was  executed. 

His  defense,  on  trial,  was,  that  the  maid-servant  admit- 
ted him,  as  sworn,  and  went  to  the  kitchen;  that  he  had 
occasion  to  call  her,  but  not  being  answered,  went  and 
found  her  lying  on  the  floor;  not  knowing  her  to  be 
dead,  and  being  a  surgeon,  he  proceeded  to  open  a  vein 
in  her  neck  ;  in  moving  the  body,  the  blood  stained  his 
hands  and  shirt  sleeves.  He  then  thought  it  best  to 
make  an  alarm  for  assistance,  but  being  afraid  of  the  ef- 
fect which  his  appearance  might  produce,  he  changed  his 
linen,  and  displaced  the  silver  cup  in  order  to  put  his 
bloody  shirt  out  of  sight. 

This  story  was  deemed  incredible.  Several  years  after, 
a  dying  penitent  confessed  to  a  priest,  that  he  was  con- 
cealed in  the  gentleman's  house  for  the  purpose  of  rob- 
bing it,  at  the  moment  of  the  gentleman's  return ;  that 
hearing  him  enter,  he  resolved  to  escape ;  that  the  wo- 
man saw,  and  attempted  to  detain  him ;  that  he,  fearing 
detection,  knocked  her  down  with  the  candlestick  she 
had  in  her  hand,  and  fled,  unnoticed,  from  the  premises. 

The  following  case,  from  a  London  paper,  furnishes 
the  strongest  arguments  to  the  friends  of  abolition  of 
Capital  Punishment.  At  the  Surrey  Sessions,  Mr.  Char- 
noch,  who  was  engaged  to  defend  a  prisoner  on  circum- 
stantial evidence,  said  such  evidence  was  always  danger- 
ous to  conviction,  and  cited  the  following  illustration : 

EXECUTION  OF  A  FARMER  FOR  THE  MURDER  OF  HIS  NIEOE. 

A  farmer  who  was  left  executor  and  guardian,  was  in^ 
dieted  for  the  wilful  murder  of  his  niece.  A  serious 
quarrel  took  place  between  them,  and  the  farmer  was 
heard  to  say,  that  his  niece  would  not  live  to  enjoy  her 
property.     Soon  after,  she  was  missed.     Rumors  were 


78  THIRD   REASON   FOR   ABOLISHMENT. 

quickly  spread  that  she  was  murdered  by  her  guardian. 
On  being  apprehended,  blood  was  found  upon  his  clothes. 
The  judge  was  persuaded  to  postpone  the  trial,  and  the 
most  strenuous  exertions  were  made  to  find  the  niece,  but 
in  vain.  The  prisoner,  to  save  his  life,  resorted  to  a 
step  which  procured  his  condemnation  and  execution 
within  forty-eight  hours  after  his  trial.  A  young  lady 
was  produced,  exactly  resembling  the  supposed  murder- 
ed female.  Her  height,  age  and  complexion  and  voice 
were  so  similar,  that  the  witnesses  swore  to  the  identity. 
An  intimation  was  given  that  the  female  was  not  the 
niece.  By  skilful  cross-examination,  the  artifice  was 
detected,  and  the  unfortunate  man  was  hung.  The  un- 
happy convict  declared  his  innocence,  but  was  rebuked 
by  the  clergyman  for  his  hardihood. 

In  two  years  after,  the  niece  made  her  appearance,  and 
claimed  the  property.  It  appeared  that,  the  day  after 
the  fatal  quarrel,  she  had  eloped  with  a  stranger  to  whom 
she  was  attached,  and  she  had  not  been  heard  of  till  her 
unexpected  return,  and  that,  by  mere  accident,  she  had 
heard  of  her  uncle's  execution.* 

To  show,  still  further,  the  fallibility  of  human  judg- 
ment, we  would  state,  that  when  tribunals  have  hung, 
even  on  the  confession  of  the  parties,  they  have  sometimes 
erred.  The  confession,  a  false  one,  may  have  been  extract- 
ed from  the  prisoner  by  hope  of  reward  or  pardon.  How 
many  thousands,  in  olden  times,  confessed  to  anything 
suggested  by  the  blood-thirsty  priests,  in  order  to  save 
themselves  from  the  horrid  tortures  of  the  inquisition. 

CONFESSION   OF   AN   INNOCENT   MAN   IN   ENGLAND. 

Some  years  ago,  the  London  Morning  Herald  con- 
tained the  account  of  a  man  who  confessed  his  guilt  of  a 

*  We  take  the  above  instances  from  a  work  entitled  "  Essays  on  tbo 
Punishment  o£  Death."  by  Rev.  Charles  Spear,  Boston. 


■"*% 


% 


IRREMEDIABILITY.  79 

certain  crime.  "Circumstances  transpired,  which,  not- 
withstanding his  confession,  led  many  to  doubt  his  guilt. 
He  at  length  admitted  that  he  had  made  up  his  mind  to 
suffer  the  punishment,  in  order  to  claim,  upon  conviction, 
a  reward  which  had  been  offered,  and  hand  it  to  his 
starving  wife  and  children." 

Here  the  wretched  man  confessed,  when  he  was  inno- 
cent. But  all  can  see  his  motive ;  it  was  the  hope  of  a 
reward  offered,  that  he  might,  by  suffering  the  punish- 
ment of  the  alleged  crime,  save  his  wife  and  children 
from  starvation.  What  a  comment  on  the  Christianity^ 
civilization  and  organization  of  society  in  England.  And 
in  America  it  is  the  same,  as  we  shall  see  in  the  fu- 
ture pages  of  this  work.  Shame  on  our  inhumanity  and 
our  professions  of  the  Christian  religion!  The  most  igno- 
rant Pagan  is  less  indifferent  and  unfeeling  toward  those 
in  distress ! 

A  remarkable  case  of  confession,  where  the  prisoner 
was  innocent,  happened  in  Vermont,  in  our  own  country. 
It  has  been  cited  on  many  occasions,  and  was  narrated 
as  given  below,  by  Rev.  W.  S.  Balch,  of  New- York  city, 
who  was  born  and  educated  in  the  vicinity  of  the  place 
where  the  facts  occurred.  We  copy  from  Mr.  Spear's 
work  on  Capital  Punishment.  It  will  be  seen  that 
Bourne  confessed  to  a  falsehood  in  hope  of  commutation. 

BOURNE   CONVICTED   OF   THE   MURDER   OF   HIS   BROTHER- 
IN-LAW. 

A  case  occurred  in  Manchester,  Vermont.  Two  men, 
brothers,  by  the  name  of  Bourne,  were  convicted  of  mur- 
der of  a  brother-in-law,  named  Colvin.  While  under 
the  sentence  of  death,  one  of  the  brothers  confessed  a 
participation  in  the  murder.  By  an  act  of  the  Legisla- 
ture, his  punishment  was  commuted  to  imprisonment  for 


so  THIRD    REASON    FOR   ABOLISHMENT. 

life.  The  other  stoutly  persisted  in  asserting  his  inno- 
cence. Great  excitement  prevailed  during  and  after  the 
trial;  I  remember  it  well.  Tt  was  near  my  native  town. 
But  when  the  confession  was  made  under  oath,  and  pub- 
lished, none  longer  doubted.  Had  he  declared  he  did 
not  assist  in  the  murder,  would  he  have  been  believed  ? 
The  day  of  execution  at  length  arrived.  Hundreds  of 
people  from  the  hills  and  vales  were  gathered  around  the 
gallows,  to  witness  the  dying  struggles  of  a  poor  unfor- 
tunate fellow-sinner.  The  hour  had  arrived,  and  the 
elder  Bourne,  still  avowing  his  innocence,  wan  and  weak, 
was  led  forth  into  the  ring,  and  beneath  the  horrid  en- 
gine of  death.  The  sheriff  was  about  to  adjust  the  hal- 
ter, and  draw  down  the  dismal  cap,  when  a  cry  was  heard 
from  behind  the  ring — "Stop!  stop!  For  Grod's  sake 
stop."  All  eyes  were  directed  that  way,  when  to  the 
astonishment  of  all,  ih.Q' murdered  Colvin  was  led  into 
the  ring,  presented  to  the  sheriff,  recognized  by  the  as- 
sembled neighbors,  and  greeted  by  Bourne  with  feelings 
better  imagined  than  described ;  and  the  people  doomed 
to  return  home  in  disappointment — as  some  remarked, 
"  without  seeing  the/im  they  anticipated." 

Had  Colvin,  (says  Mr.  Balch,)  not  been  found,  for  he 
was  in  New  Jersey,  or  had  some  little  hindrance  delay- 
ed a  single  hour,  an  innocent  man  would  have  been  hur- 
ried out  of  the  world  as  a  felon,  leaving  wife,  and  chil- 
dren, and  friends  to  lament  his  untimely  death  ;  human- 
ity to  weep  over  the  mistakes  and  weaknesses,  and  cruel- 
ties of  human  legislation  ;  and  judges  and  juries  to  re- 
proach themselves  for  taking  the  fearful  responsibility 
of  destroying  a  life  which  they  could  not  restore  when 
their  errors  were  clearly  manifest. 

Thus  do  we  have  pressed  upon  our  notice,  the  fallibil- 
ity of  human  judgment.     How  liable  are  we  to  be  de- 


IRREMEDIABILITY.  81 

ceived.  How  many  thousands  have  been  acquitted  who 
were  guilty,  and  condemned  who  were  innocent.  Amid 
all  this  uncertainty,  and  with  a  knowledge  of  the  tremen- 
dous injustice  attending  the  execution  of  the  innocent, 
[  feel  that  society  has  no  right  to  wantonly  throw  away 
its  power  of  atoning  for  the  wrong  committed,  by  de- 
priving a  human  being  of  that  which  it  has  not  the 
power  to  bestow.  Within  the  walls  of  a  strong  prison, 
safely  guarded  with  bars  and  bolts,  he  would  be  secure. 
There  he  could  be  instructed  in  heart  and  mind,  by 
the  aid  of  books  and  good  men;  and,  if  guilty,  be 
made  to  feel  the  power  of  a  love  that  could  return  good 
for  evil,  and  blessing  for  his  efforts  to  destroy.  And  if, 
in  the  providence  of  God,  it  should  be  revealed  that  he 
was  innocent,  as  we  have  already  said,  he  could  be  com- 
pensated for  his  labor — restored  to  liberty,  and  so  far  as 
possible,  atonement  could  be  made  for  the  wrong  com- 
mitted. 

We  have  already  extended  our  remarks  on  this  sub- 
ject beyond  our  original  intention,  but  cannot  conclude 
them  without  introducing  an  eloquent  extract  from  a 
speech*  made  by  O'Connell,  several  years  ago,  before 
the  London  society  for  the  diffusion  of  information  on 
the  subject  of  the  Death  Penalty.  He  refers  to  facta 
most  touching  that  had  come  under  his  own  observation. 

"  He  had  long  been  deeply  impressed,"  he  said,  "  with 
the  conviction  that  Capital  Punishment  ought  to  be  ut- 
terly abolished.  He  could  not  forget  that  '  vengeance  is 
mine,  saith  the  Lord,  and  I  will  repay  it.'  Perhaps  it 
was  by  the  impulse  of  feeling,  and  what  he  conceived  to 
be  humanity,  that,  in  the  early  part  of  his  life,  he  was 
brought  to  this  conviction ;  but  long,  and  he  might  ven- 

*  Originally  published  in  the  Herald  of  Peace,  for  1832.  We  copy  from 
"  Essays  on  the  Death  Penalty." 


82  THIRD    REASON    FOR   ABOLISHMENT. 

ture  to  say,  great  experience  in  the  criminal  law — for  no 
advocate,  at  least  in  his  own  country,  had  the  miserable 
boast  which  he  could  make  of  the  frequency  of  his  prac- 
tice in  that  branch — that  experience  had  confirmed  him 
in  his  opinion,  that  there  should  not  be  in  man  the 
power  of  extinguishing  life,  because  the  result  was  irrep- 
arable; because  the  injury  could  not  be  compensated 
which  might  be  done,  if  the  beings  were  not  infallible 
who  inflicted  the  punishment ;  (and  where  should  we 
find  such?)  and,  because,  while  we  thought  we  were  vin- 
dicating the  law  of  society,  we  might  be  committing  the 
greatest  outrage  that  could  be  perpetrated  upon  our  fel- 
low-creatures. The  honorable  and  learned  gentleman 
who  spoke  last,  shuddered  at  the  death  of  even  a  crimi- 
nal ;  but  what  would  his  feelings  have  been  had  he  wit- 
nessed, as  he  had,  the  execution  of  the  innocent! 

"One  of  the  first  events  which  struck  him  when  he  was 
rising  into  life,  was  seeing  a  gentleman  who  had  forsaken 
society,  and  thrown  himself  into  a  mountain  lodge, 
abandoning  the  intercourse  of  men,  and  wandering 
about  like  a  troubled  spirit,  a  willing  outlaw,  and  an 
outcast  from  the  social  state.  He  inquired  the  cause, 
and  learned  that  it  originated  in  these  circumstances: — 
Two  men  got  into  his  bed-room  at  night,  and  robbed  him, 
but  did  not  treat  him  with  any  brutality.  He  prosecu- 
ted two  brothers  for  the  crime;  and  they  being  unpre- 
pared with  any  defense,  from  a  consciousness  of  their  in- 
nocence, were  convicted  and  executed.  Not  a  fortnight 
after  they  had  been  laid  in  the  grave,  in  the  presence  of 
their  father,  and  amidst  the  tears  of  their  broken-hearted 
mother,  the  gentleman  discovered  his  total  mistake!" 

Mr.  O'Connell  said  he  would  mention  another  instance, 
of  which  he  had  a  personal  knowledge : 

"He  defended  three  brothers  who  were  indicted  far 


??  IRREMEDIABILITY.  83 

murder;  and  the  judge  having  a  leaning,  as  was  not  un- 
usual in  such  cases,  to  the  side  of  the  crown  prosecution, 
almost  compelled  the  jury  to  convict.  He  sat  at  his 
window  as  the  men  passed  by,  after  receiving  sentence. 
A  military  guard  was  placed  over  them,  and  it  was  posi- 
tively forbidden  that  any  one  should  have  any  inter- 
course with  them.  He  saw  their  mother,  strong  in  her 
affections,  break  through  the  guard,  which  was  sufficient 
to  resist  any  male  force — he  saw  her  clasp  her  eldest  son, 
who  was  but  twenty-two  years  of  age — he  saw  her  cling 
to  her  second,  who  was  but  twenty — and  he  saw  her  faint 
as  she  clasped  the  neck  of  her  youngest  boy,  who  was 
but  eighteen.  And  they  were  innocent,  but  were  ex- 
ecuted. 

"  He  mentioned  these  facts  to  show  with  what  extreme 
caution  any  one  should  do  that  which  was  irrevocable. 
When  we  recollected  that,  in  criminal  cases,  a  prisoner 
was  almost  shut  out  from  making  any  defense;  and  that, 
in  cases  of  circumstantial  evidence,  men  were  convicted, 
not  upon  facts,  but  upon  reasonings  and  deductions ; — 
when  we  recollected  that  the  criminal  law  permitted  the 
counsel  for  the  crown  to  aggravate  the  impression  against 
the  prisoner,  and  prohibited  his  counsel  from  opening 
his  mouth  in  his  defense, — it  might  be  said,  without 
much  exaggeration,  that  such  a  code  was  written  in  let- 
ters of  blood.  Was  this  England,  the  first  country  in 
the  world  for  the  love  of  liberty,  and  the  encouragement 
of  all  the  arts  which  adorn  civilization  and  morality? 
Was  this  the  country  where,  if  a  man  had  five  pounds  at 
stake,  he  might  employ  ten  or  twenty  counsel  to  speak 
for  him  as  long  as  they  liked;  but,  when  his  life  was  in 
jeopardy,  the  law  said,  '  The  counsel  against  you  shall 
speak  in  aggravation  of  the  charge ;  but  the  lips  of  your 
counsel  shall  be  sealed!'     Up  to  the  present  moment, 


84  THIRD   REASON   FOR  ABOLISHMENT. 


V 


that  horrible  state  of  the  law  continued.  He  was  firmly 
persuaded  that  if  he  had  been  entitled  to  speak  on  behalf 
of  those  three  brothers — feeble  as  might  be  his  advo- 
cacy, perhaps  his  heart  would  have  aided  his  judgment 
and  given  him  an  inspiration  beyond  the  natural  dulness 
of  his  disposition — he  felt  that  he  would  have  made  it 
impossible  for  any  jury  to  convict.  If  the  punishment 
of  these  three  brothers  had  not  been  incapable  of  being 
recalled,  they  might  have  been  restored  to  their  family ; 
and  the  mother,  who  wept  over  their  grave,  might  have 
been  borne  in  decency  to  her  tomb  by  those  over  whose 
premature  death  she  mourned."* 

But  enough.  Were  there  no  other  reason  for  the 
abolishment  of  the  Death  Penalty,  this  would  be  sufficient 
for  us.  Down  with  the  gallows,  then.  It  can  be  spared 
with  injury  to  no  one;  and  so  long  as  it  remains,  the  in- 
nocent are  not  safe. 

*  See  HeraM  of  Peace  for  April,  May  and  June.    London:  1832. 


CHAPTER  yill. 

FOURTH  REASON  FOR  ABOLISHMENT. 

THE  BIBLE  ARGrMENT. 

The  Death  Penalty  forbidden  hy  the  Christian  Scriptures— Authority  of  the  Scrip- 
tures above  Human  Authority— The  Lex  talionU  oi  the  Jews -The  Law  of  Love  the 
Christian  Law  Touching  account  of  recent  Executions— All  Christian  Codes  must 
Harmonize  with  the  Law  of  Love— The  Old  Covenant  not  binding  on  Christians. 

Another  reason  why  the  Punishment  of  Death  should 
be  abolished,  especially  by  all  Christian  governments,  is, 
that  it  is  positively  forbidden  hy  the  Christian  Scriptures. 

With  the  writer  of  these  pages,  there  is  no  authority 
superior  to  the  authority  of  God.  His  word  is  our  crite- 
rion. We  never,  knowingly,  swerve  from  its  divine  re- 
quirements and  teachings.  Human  speculations,  in  the 
presence  of  the  plain  teaching  of  the  inspired  volume, 
like  mist  before  the  morning  sun,  dissipate  into  airy 
n-othingness.  "Let  God  be  true,  but  every  man  a 
liar,"  is  the  motto  by  which  we  are  led  ;  and,  happily, 
with  reference  to  the  subject  under  consideration.  He  is 
upon  the  side  of  clemency.  He  "will  have  mercy  and 
not  sacrifice."* 

"But,"  answers  the  objector,  "the  Bible  certainly 
sanctions  the  Death  Penalty.  There  is  no  plainer  or 
more  positive  declaration  than  this:  *  Whoso  sheddeth 
man's  blood,  by  man  shall  his  blood  be  shed;'  and 
all  know,  who  know  anything  of  the  Bible,  that  the  law 

*  Matthew,  9:13. 

(85) 


86  FOURTH   REASON   FOR  ABOLISHMENT. 

of  Moses  demanded  the  life  of  tlie  offender  for  a  multi- 
tude of  sins.  '  Breach  for  breach,  eye  for  eye,  tooth  for 
tooth,'  is  the  express  declaration  of  God  himself.  How, 
then,  can  we  abolish  the  Death  Punishment,  without 
first  abolishing  the  law  of  Grod  ;  and  how  can  we  disre- 
gard the  law  of  God  with  any  degree  of  safety  ?  Ah,  I ' 
fear  for  that  community  which  will  thus  thoughtlessly 
or  wilfully  trample  under  foot  the  wise  instruction  of 
the  Divine  Being!" 

So  said  our  fathers,  both  in  England  and  our  own 
country,  fifty  years  ago,  when  an  attempt  was  made  to 
abolish  the  stocks,  the  pillory  and  the  whipping-post, 
all  of  which  were  regarded  as  divine  institutions,  and 
indispensably  necessary  to  the  safety  of  society.  So  it 
was  thought  a  hundred  years  ago,  by  the  most  orthodox 
Christians  in  Europe  and  America,  when  hanging  was 
the  penalty  for  stealing  forty  shillings ;  also  for  idolatry, 
blasphemy,  Sabbath-breaking,  abuse  of  parents,  perjury 
and  adultery.  All  these  laws  were  devoutly  believed  to 
be  founded  on  God's  law,  binding  on  the  Christian,  and 
could  not  be  abolished  with  any  degree  of  safety.  And 
yet  they  were  abolished,  and  with  no  detriment  to  either 
morals  or  religion,  and  are  ngt  now  believed,  by  any  sect 
of  Christians  living,  to  be  required  by  the  divine  law. 
No  well-informed,  sane  man,  no  matter  what  his  religion, 
would  consent,  for  any  consideration,  to  go  back  to  the 
middle  of  the  last  century,  and  institute  its  penal  code  as 
a  substitute  for  our  own.  But  if  the  Jewish  law  is  still 
binding,  how  can  we  remit  all  its  punishments  hut  one  ; 
and  what  grounds  have  we  to  argue  that  this  is  binding, 
— and  to  the  end  of  time — when  we  admit  that  all  the  rest 
were  temporary,  and  only  designed  for  a  previous  age? 
More  than  this :  is  not  the  question  at  least  worthy  of 
our    careful    consideration,   whether,  having  abolishel 


THE    BIBLE   ARGUMENT.  87 

the  entire  code  of  Moses,  with  the  exception  of  this, 
with  no  apparent  injury,  but  with  manifest  improvement 
and  with  no  violation  of  the  divine  precept,  we  cannot 
also  give  up  this  ? 

And  this,  we  repeat,  is  what  the  Christian  Scriptures 
actually  demand.  That  "  breach  for  breach,  eye  for  eye, 
tooth  for  tooth,  is  the  express  declaration  of  God,"  as 
the  objector  says,  is,  at  least,  problematical.  Christ  did 
not  so  understand  by  the  demands  of  the  Mosaic  dispen- 
sation. It  was  not  God,  but  ^'them  of  old  time,"  who 
said  this.  "  Ye  have  heard  that  it  hath  been  said  by  them 
of  old  time  ....  an  eye  for  an  eye,  and  a  tooth  for  a 
tooth."  This  was  the  lex  talionis,  or  law  of  retaliation,  in- 
corporated into  the  code  of  the  early  Hebrews  and  the 
rule  of  vengeance  by  which  they  were  governed.  And 
suppose  we  admit  that  God  did  permit  or  even  command 
the  Jews,  when  in  a  rude  and  barbarous  state,  to  institute 
laws  thus  sanguinary  and  bloody,  where  is  the  man  who 
can  make  it  appear  that  they  are  still  binding  under  the 
Christian  dispensation  ?  On  the  contrary,  there  is  no 
truth  of  the  divine  word  more  palpable  than  the  fact, 
that  Christ  himself  abrogated  the  very  spirit  and  princi- 
ple of  that  old  code,  and  gave,  the  world  a  new  and  better 
covenant  in  his  life,  teachings,  sufferings  and  examples. 

In  the  very  first  sermon  he  preached,  behold  how 
positively  and  clearly  he  defined  the  principles  of  his 
own  religion,  in  contradistinction  to  those  of  Moses: 
*'  Ye  have  heard  that  it  hath  been  said,  an  eye  for  an  eye 
and  a  tooth  for  a  tooth;  but  /  say  unto  you,  that  ye 
resist  not  evil;  but  whosoever  shall  smite  thee  on  thy 
right  cheek,  turn  to  him  the  other  also.  And  if  any 
man  will  sue  thee  at  the  law  and  take  away  thy  coat,  let 
him  have  thy  cloak  also."*  We  cannot  suppose  that  Christ 

*  Matthew  5:  38—40. 


88        FOURTH  REASON  FOR  ABOLISHMENT. 

designed  that  this  command  should  be  literally  obeyed;  but 
the  principle  contained  in  this  declaration  he  did  design 
should  be  enforced  as  a  new,  a  better,  a  more  divine  law; 
a  law  which  should  abrogate  the  Mosaic  precept  and  tak« 
its  place.  And  I  ask  my  Christian  brother  or  sister, 
who  may  peruse  these  pages,  is  not  its  rule  the  exact 
opposite  of  the  Levitical  law ?  "I  say  unto  you  that 
ye  resist  not  evil,  but  whosoever  shall  smite  thee  on  the 
one  cheek,  turn  to  him  the  other  also."  He  farther 
says:  "Ye  have  heard  that  it  hath  been  said,  thou  shalt 
love  thy  neighbor,  and  hate  thy  enemy ;  but  /  say  unto 
you,  love  your  enemies,  bless  them  that  curse  you,  do 
good  to  them  that  hate  you,  and  pray  for  them  that  de- 
spitefully  use  and  persecute  you ;  that  ye  may  be  the 
children  of  your  Father  which  is  in  Heaven  ;  for  he 
maketh  his  sun  to  rise  on  the  evil  and  the  good,  and 
sendeth  his  rain  on  the  just  and  on  the  unjust."*  How 
can  the  man  who  professes  to  have  been  born  into  the 
spiritual  kingdom  of  the  Master — a  kingdom  of  "right- 
eousness, peace  and  joy  in  the  Holy  Ghost " — and  to  be 
governed  by  the  foregoing  instruction,  still  uphold  the 
killing  of  men,  women  and  children  by  "  legal  strangu- 
lation?" How  would  the  above  declarations  of  Christ 
appear  as  written  mottoes  for  the  gallows  ?  "Love,  the 
FULFILLING  OF  THE  LAW,"  inscribed  on  the  cross-bar  of 
the  gibbet!  What  an  inconsistency!  Jesus  "lived  the 
doctrine  which  he  taught."  He  returned  good  for  evil 
and  blessing  for  cursing;  and  finally  died  upon  the  cross 
for  his  enemies,  closing  and  sanctioning  his  labors  of 
love  by  that  more  than  mortal  petition,  "Father,  forgive 
them,  for  they  know  not  what  they  do!"  Oh,  blessed 
Being!  the  true  guide  and  pattern  of  all  Christians. 
Here  is  light  communicated  from  heaven,  to  illuminate 

*  Matthew,  6:  44—45. 


THE    BIBLE    ARGUMENT.  89 

Our  path  of  duty.  "We  are  not  left  to  our  own  sagacious- 
ness,  but  should  follow  our  great  examplar.  "  For  even 
hereunto  were  ye  called  :  because  Christ  also  suffered  for 
us,  leaving  us  an  example,  that  we  should  follow  in  his 
steps;  who  did  no  sin,  neither  was  guile  found  in  his  mouth; 
who,  when  he  was  reviled,  reviled  7iot  again;  when  he  suf- 
fered he  threatened  not ;  but  committed  himself  to  Him  who 
judgeth  righteously.'^  How  divine,  how  beautiful  this  in- 
struction ;  and  how  plain  it  is  that,  everywhere  in  the 
New  Testament,  love  is  made  the  test  of  the  validity  of 
our  claims  to  the  Christian  character.  "  By  this  shall  all 
men  know  that  ye  are  my  disciples,  if  ye  have  love.^'f 
Again,  "  He  that  loveth,  dwelleth  in  God  and  God  in 
him. "J  "  For  this,  thou  shalt  not  commit  adultery,  thou 
shalt  not  kill;  thou  shalt  not  bear  false  witness;  thou 
shalt  not  covet;  and  if  there  be  any  other  commandment, 
it  is  briefly  comprehended  in  this  saying :  thou  shalt  love 
thy  neighbor  as  thyself.  Love  worketh  NO  ill  to  its  neighbor; 
therefore,  love  is  the  fulfilling  of  the  Zazo."||  Above  all 
things,^'  says  the  same  apostle,  after  enumerating  various 
other  duties,  "j?w^  on  charity,"  (or  love)  "  which  is  the" 
bond  of  perfectness.^^^  In  short,  the  inculcation  of  this 
divine  principle  as  the  great  central  element  of  the  Chris- 
tian religion,  is  as  common  in  the  Gospel  as  its  practical 
utility  is  superior.  So  common  and  so  plain  is  it,  that 
the  wayfaring  man,  though  a  fool,  need  not  err.  "It  is 
the  theme  of  all  the  apostolic  exhortations,  that  with 
which  their  morality  begins  and  ends,  from  which  all 
their  details  and  enumerations  set  out  and  into  which 
they  return." 

Is  it  not,  then,  evident  that  if  all  the  relative  duties  of 
the   Christian  are  embraced  in  one  word  and  that  word  is 

*  1  Peter,  2  :  21.  f  John,  13  :  35.  %  John,  4:  16. 

jj  Romans,  13:  9.  §  Colossians,  3: 14. 

8 


90  FOURTH   REASON    FOR   ABOLISHMENT. 

LOVE,  that  he  can  institute  no  form  of  government,  nor 
sanction  any  modes  of  punishment,  that  are  founded  on 
vengeance,  and  that  result  in  the  violent  destruction  of  a 
fellow-creature? 

As  I  write,  the  daily  papers  laid  on  my  table  give  the 
particulars  of  two  executions  which  have  just  taken  place, 
one  in  Louisville,  Ky.,  and  the  other  in  Roxbury,  N.  C. 
George  HuflFner,  executed  in  Louisville,  asserted  in  the 
most  positive  manner,  till  the  moment  of  his  exit  from 
time  to  eternity,  his  entire  innocence  of  the  crime  for 
which  he  was  about  to  suffer,  and  left  a  brief  but  touch- 
ing epistle,  in  which  he  expressed  an  ardent  hope  that 
the  time  would  come  when  the  people  of  Louisville  and 
elsewhere,  would  know  that  he   died  an   innocent  man. 

Says  the  account:  "After  the  clergyman.  Rev.  Mr. 
Adams,  addressed  the  people,  and  exhorted  them  to  pre- 
serve decorum,  the  prisoner  stepped  forth,  and  in  a  firm 
voice  said,  that  he  ^was  not  guilty  of  the  crime  of  murder.^ 
Prayer  was  then  offered  up  to  God  by  the  Rev.  Mr. 
Adams,  after  which  the  prisoner  desired  him  to  tell  the 
people  that  he  died  in  full  hope  of  heaveji.  The  sheriff 
adjusted  the  fatal  noose,  after  covering  the  victim's  head 
with  a  cap.  He  then  bade  farewell  to  the  ministers  and 
officers  around  him,  and  just  a  moment  before  being 
launched  into  eternity,  he  earnestly  asked  if  there  was 
any  one  around  '  who  believed  him  innocent.'  '  I  do,' 
was  heard,  and  just  then  the  drop  fell  and  all  was  over. 

"  Just  at  that  moment,  a  woman,  almost  wild  with  ex- 
citement, forced  her  way  to  the  foot  of  the  scaffold,  beg- 
ging the  sheriff  to  send  the  body  to  his  unfortunate  wife, 
who  was  almost  crazy  with  grief  and  despair.  The  wish 
was  complied  with,  and  the  body  sent  to  her  for  burial. 
The  sympathies  of  the  community  are  demanded  for 
this  poor  woman,  who  is  in  extreme  destitution,  with  a 


If* 


THE   BIBLE   ARGUMENT.  9X 

small  child  to  support,  twenty  months  old,  and  is  again 
on  the  eve  of  confinement." 

Here  was  a  man — a  Christian  man — with  a  soul  all 
b4*ight  with  a  glorious  hope  of  immortality,  whom  the 
Christian  people  of  Kentucky,  his  brethren,  strangled 
into  eternity.  Was  that  act  really  a  Christian  act? 
Was  it  in  harmony  with  the  law  of  love,  the  great  cen- 
tral principle  of  the  Christian  religion  ? 

The  other  case  was  somewhat  similar.  The  prisoner's 
name  was  Williams.  He  was  greatly  distressed  and  dread- 
fully alarmed  with  reference  to  his  future  condition,  but 
protesting  his  innocence,  with  the  most  piteous  appeals 
to  the  last.  Every  moment  he  besought  the  prayers  of  all 
Christians  around  him  in  his  behalf.  Says  the  writer : 
"  The  hour  arriving  for  his  execution,  the  sheriff,  with  a 
bleeding  heart  and  tear-moistened  eye,  called  for  him. 
Taking  Mr.  Lyon,  (his  father's  friend  and  neighbor,) 
by  the  hand,  and  begging  him  to  go  with  him  and  pray 
for  him,  he  proceeded  to  the  gallows,  praying  all  the 
way,  until  he  arrived  in  sight  of  the  gallows,  when, 
trembling  like  a  leaf,  he  gave  vent  to  an  expression  of 
feeling  which  no  pen  can  describe,  and  which  touched 
the  most  callous  heart.  Arriving  at  the  gallows,  he 
sued  for  the  last  moment,  and  begged  every  Christian  on 
the  ground  to  pray  for  him. 

"  It  was  here  that  the  sheriff  read  him  a  brief  note, 
reminding  him  of  future  rewards  and  punishments,  of 
the  awfulness  of  dying  with  a  lie  on  his-  lips,  and  invok- 
ing him  to  say,  while  he  looked  eternity  in  the  face, 
whether  he  was  guilty  or  innocent  of  the  murder.  He 
replied,  that  he  had  '  said  all  he  had  to  say  about  it — he 
was  not  guilty!"*  So  the  prisoner  protested  his  innocense 
to  the  last  moment.  Mounting  the  scaffold,  and  forgiv- 
ing everybody,  his  soul  was  launched  into  eternity." 


'1^ 


92  FOURTH    REASON    FOR   ABOLISHMENT. 

YeSj  but  if  every  Christian  duty  is  embraced  in  a  sin- 
gle word,  and  that  word  is  love^  could  this  act  be  a  Chris- 
tian act?  Would  not  Christ  have  had  mercy  on  the 
poor  man  ?  Did  he  ever  condemn  to  death  ?  Can  the 
law  which  demanded  the  death  of  these  wretched  men, 
be  in  harmony  with  the  Christian  precept  which  requires 
"  good  for  evil."  A  law  which  would  secure  them  in 
prison — treat  them  kindly — instruct  them  in  their  duty 
to  God  and  their  fellow  men — renovate  their  souls  with 
the  spirit  of  Christianity,  and  thus  cast  out  the  spirit  of 
evil,  by  a  manifestation  of  goodness,  would  be  Christian  j 
but  that  which  demands  "  eye  for  eye,  tooth  for  tooth,  and 
life  for  life,"  never!  never!  This  belongs  to  another 
covenant,  and  another  age.  We  are  living  in  the  nine- 
teenth century  of  the  Christian  era.  We  profess  to  be 
Christians.  We  are  not  Hehreics  nor  Hindoos.  Whom, 
then,  shall  we  follow,  Christ  or  Moses?  There  is  such  a 
thing  as  progression  ;  as  "  a  growing  in  grace,  and  in  a 
knowledge  of  our  Lord  and  Savior,  Jesus  Christ."  Why 
should  we  go  back  four  thousand  years  for  our  morality, 
our  laws,  our  reli^on,  and  our  faith  ?  when  Christ  is  the 
light  that  is  to  lighten  every  man  that  cometh  into  the 
world,  he  being  "  the  way,  the  truth  and  the  life?" 

Yet,  this  is  what  the  majority  of  Christians  are  every- 
where doing.  Christ  himself  has  instructed  them  that 
"  the  law  and  the  prophets  were  until  John  ;  since  that 
time  the  kingdom  of  God  is  preached;"*  but  giving  no 
heed  to  this,  they  forsake  the  "kingdom  of  Christ,"  and 
going  back  to  "  the  law  and  the  prophets,"  and  planting 
themselves  on  the  old  covenant,  say,  ^^  This  is  our  law,  our 
morality/ J  our  Christianity,  our  faith. ^^ 

It  is  a  fact  which  no  one  will  attempt  to  dispute  who 
is  at  all  acquainted  with  the  subject,  that  every  opposer  to 

*  Luke,  16: 16. 


THE    BIBLE    ARGUMENT.  93 

progression  in  humanity  and  moral  purity,  has  gone  to 
the  "types  and  shadows"  of  the  Old  Testament,  to  main- 
tain his  position.  He  could  obtain  no  sympathy,  no  aid 
from  Christ  and  his  apostles.  If  a  Christian  would  find 
a  scriptural  argument  for  drunkenness,  he  must  go  to 
Noah,  or  the  history  of  the  ancient  Hebrews.  So  of 
war  and  the  gallows.  These  practices  can  find  no  advo- 
cate in  Christ  or  his  immediate  followers.  But  even 
Christian  men  believe  that  they  must  be  sustained,  and 
they,  therefore,  appeal  to  commandments  and  a  code 
which  existed  tioo  thousand  years  before  Christ,  and  which 
he  clearly  abrogated,  as  we  have  seen.  But  where  is  their 
authority  for  such  a  course  ?  What  consistency  is  there 
in  it?  Why  not  advocate  the  sacrifice  of  sheep  and  goats, 
the  burning  of  incense,  and  the  making  of  ofi'erings  of 
oil  and  flour?  They  were  demanded  by  the  law  of 
Moses,  and  are  as  really  binding  on  us  under  the  Chris- 
tian dispensation,  as  the  Death  "Penalty.  This,  then, 
we  repeat,  is  a  very  important  reason  for  the  abolish- 
ment of  the  gallows.  It  is  not  sanctioned^  hut  positively 
condemned,  hy  the  Christian  religion. 

And  here,  so  far  as  the  demands  of  the  Bible  go,  we 
might  rest  the  argument.  It  satisfies  me  ;  for  admitting 
all  the  opposer  claims  for  the  Levitieal  code,  under  the 
old  dispensation,  to  be  true,  it  is  no  more  binding  on  us 
than  is  the  penal  code  of  Connecticut  colony,  which 
hung  for  witchcraft,  profanity,  idolatry  and  petty  rob- 
bery. We  are  followers  of  Christ,  and  not  of  "  them  of 
old  time,"  and  until  it  can  be  shown  that  the  New  Testa- 
ment clearly  sanctions  the  Punishment  of  Death,  we  may 
rest  in  the  assurance  that  the  Bible  contains  no  com- 
mands, nor  instructions,  that  demand  at  our  hand  the 
blood  of  a  fellow  creature,  no  matter  what  his  ofi"enses. 

But  this  disposition  of  the  subject,  though  satisfactory 


94  FOURTH   REASON   FOR   ABOLISHMENT. 

to  some,  will  not  answer  the  expectations  of  all  my  read- 
ers. Many  sincerely  believe  that  the  Mosaic  law  is  still 
binding,  and  especially  the  declaration  of  God  to  Noah, 
"  Whoso  sheddeth  man's  blood,  by  man  shall  his  blood 
be  shed" — "a  declaration,"  it  is  contended,  "that  is  ex- 
pressive of  the  law  of  God  concerning  the  murderer.  He 
must  be  slain.  The  command  is  universal  and  perpetual. 
From  the  beginning  God  made  this  demand,  and  it  must 
run  parallel  with  the  existence  of  man,  to  the  end  of 
time."  So  affirm  the  most  able  supporters  of  the  Death 
Penalty.  Let  us,  then,  enter  into  a  more  minute  and 
critical  examination  of  the  subject.  "  Prove  all  things, 
and  hold  fast  that  which  is  good,"  is  an  apostolic  injunc- 
tion by  which  we  have  long  been  led.  It  shall  be  our 
motto  in  the  investigation  of  the  question  before  us* 
We  begin  with  the  declaration  to  Noah. 


CHAPTER    IX. 

*  THE    BIBLE   ARGUMENT    CONTINUED. 

COVENANT  WITH  NOAH. 

la  it  positive,  universal  and  perpetual?— Accidental  tilling?— Killing  in  Self-defense, 
or  in  defense  of  one's  Country,  must  be  visited  with  Death  The  Executioner  must 
te  slain  The  text  restricted  to  the  Murderer;  but  in  what  decree  of  murder  shall  it 
be  applied— Death  Penalty  not  known  till  the  year  of  the  world  1650— Cain  not  put  to 
death  Lamech  not  put  to  death  Moses  a  murderer  and  not  slain  Numerous  other 
cases  of  the  same  description  God  did  not  himself  regard  the  declaration  to  Noah  -The 
true  rendering  and  teaching  of  the  text— Opinion  of  learned  men— Evidence  conclusive 
against  the  continuance  of  the  Gallows. 

"  Whoso  sheddeth  marCs  blood  hy  man  shall  his  blood  be 
shed:'     Gen.  9:  6. 

If  the  reader  has  perused  the  foregoing  chapter,  he  is 
prepared  for  what  we  have  to  say  on  this  declaration 
of  God  to  Noah*  a  declaration  which  the  advocates  of 
the  Death  Penalty  contend  is  positive,  universal  in  its  ap- 
plication and  perpetual  to  the  end  of  time.  "Can  language 
be  more  emphatic  or  universal?"  exclaims  an  ardent  de- 
fender of  the  gallows.  "Whoso" — that  is,  any  person 
whatever — "sheddeth  man's  blood" — who  kills  his  fellow 
creature — "by  man  shall  his  blood  be  shed."  There 
is  no  escape,  and  no  limit  as  to  time,  or  country,  or  situ- 
ation. On  the  contrary,  such  were  the  circumstances 
under  which  the  declaration  was  made,  that  the  whole 
context  goes  to  show  that  this  command  was  designed  to 
be  "perpetual  and  universal." 

Let  us  admit,  for  the  sake  of  the  argument,  that  tho 
objector  is  correct  in  these  premises;  and  then  query. 

(95) 


96  THE   BIBLE   ARGUMENT   CONTINUED. 

*' Whoso"  signifies,  he  says,  ^'^ any  person  whatever^'^  and 
to  "shed  blood"  means  "to  kilV^  The  meaning  of  the' 
text  is,  then,  if  applied  literally,  that  any  person  whatever 
who  Mils,  shall  himself  he  killed.  "There  is  no  escape." 
It  follows,  then,  that  the  man  who  destroys  life  acciden- 
tally, or  in  self-defense,  or  in  defense  of  his  country, 
must  be  killed,  for  he  kills.  "  There  is  no  escape. "  The 
jury  who  convict  the  prisoner  of  murder,  the  judge  who 
passes  sentence  of  death  on  him,  and  the  hangman  who 
closes  the  scene  of  blood,  all  must  be  killed,  for  they 
are  all  guilty  of  killing;  the  judge  and  jury  by  proxy, 
the  hangman,  personally.  The  heroes  of  "seventy  six," 
who  fought  the  battles  of  the  American  Eevolution,  with 
the  Father  of  his  Country  at  their  head,  should  all  to  a 
man  have  been  executed,  for  they  all  "shedl)lood."  No- 
„  tice,  the  language  of  the  text  is  "positive"  and  "without 
restriction,"  "extending  to  a??  who  kill."  "  TFAoso  sheddeth 
man's  blood,  by  man  shall  his  blood  be  shed."  "There 
is  no  escape."  As  says  a  writer  when  discanting  on  this 
subject:  "If  this  command  to  Noah  requires  the  death 
of  all  who  shed  blood  without  exception,  then  it  is  clear 
that  the  executioner  should  be  killed;  and  when  he  is  slain, 
his  slayer  must  be  put  to  death,  and  his  and  his,  and  thus 
the  work  of  slaughter  should  go  on,  till  the  last  man  be- 
comes his  own  executioner  and  crowns,  with  his  corpse, 
y"  the  work  of  universal  carnage." 

Here,  the  objector  finds  himself  in  a  dilemma,  and  to 
escape,  says  that  he  would  restrict  the  application  of  the 
t«xt  to  the  murderer.  But,  we  reply,  first,  that  the  mo- 
ment he  restricts  the  text,  that  moment  he  surrenders 
the  ground  already  assumed,  that  it  is  of  ^^universal  ap- 
plication;" and  second,  that  he  has  no  authority  for 
such  restriction,  as  there  is  nothing  either  in  the  text  or 
eontext  that  will  warrant  it. 


COVENANT    WITH    NOAH.  97 

But  suppose  he  is  permitted  to  make  tlie  restriction 
and  apply  the  principle  contained  in  the  text  only  in  a 
case  of  murder;  in  what  degree  of  murder  would  he 
make  the  application?  The  penal  codes  of  all  our  States 
recognize,  at  least,  two  degrees  of  murder.  Killing  with 
malice  prepense^  or  aforethought,  is  murder  in  the  first  de- 
gree. Killing  in  the  heat  of  passion,  is  man-slaughter, 
or  murder  in  the  second  degree.  Does  the  objector  say 
that  he  would  apply  the  principle  of  the  text  only  in  the 
case  of  murderin  the  first  degree?  But  with  what  pro- 
priety can  he  make  this  restriction?  If  a  man  rises  up 
in  the  heat  of  passion  and  slays  his  fellow,  does  he  not 
just  as  really  shed  his  blood  as  if  the  act  were  premedi- 
tated? and  if  so,  does  not  the  declaration  to  Noah  de- 
mand his  blood  ?  If  he  answers  in  the  aflirmative,  then 
he  must  make  the  penal  code  of  his  own  State  more 
severe,  for  no  State  in  our  Union,  as  our  laws  now  stand, 
demands  death  for  man-slaughter.  But  why  not,  if  we 
are  Christians,  and  the  declaration,  "whoso  sheddeth 
man's  blood  by  man  shall  his  blood  be  shed,"  is  still 
binding  on  us? 

From  the  foregoing  considerations,  it  will  be  perceived 
that  the  declaration  cannot  be  literally  and  universally 
applied;  and  that  no  Christian  nation  pretends  to  live 
up  to  such  a  construction;  for  it  is  only  in  extreme 
cases,  and  for  the  worst  form  of  murder,  that  we  "shed 
blood." 

And  when  we  say  that  this  declaration  contains  a  law 
which  God  designed  from  the  beginning  to  restrain  the 
passions  and  regulate  the  conduct  of  men, — a  law  to  be 
regarded  perpetually  to  the  end  of  time, — we  say  what  the 
Scriptures  do  not  sanction — indeed,  what  they  positively 
deny^  as  we  will  now  show. 
9 


W  THE    BIBLE   ARGUMENT   CONTINUED. 

THE    WORLD    SIXTEEN    CENTURIES   WITHOUT   THE 
DEATH    PENALTY. 

First,  the  declaration  contained  in  the  text  under  con- 
sideration was  not  given  to  Noah  till  the  year  of  the 
world  1657;  and,  what  is  a  little  remarkable,  up  to  this 
time  the  Death  Penalty  was  not  known  among  men, 
and  yet  murder  had  been  committed.  How  will  the 
objector  account  for  this  fact,  if  the  law  of  "life  for  life" 
was  designed  from  the  heginimig  to  restrain  men  from 
violence,  and  proclaimed  as  an  adequate  punishment  for 
the  crime  of  murder?  For  more  than  sixteen  hundred 
years  the  generations  of  men  had  been  multiplying  in 
the  earth,  and  had  been  guilty  of  slaying  each  other,  and 
still  the  law  of  death  was  not  instituted ! 

Go  back  to  the  first  murder  ever  committed,  and  how 
does  God  himself  deal  with  the  wretched  homicide? 
Does  he  make  an  application  of  the  principle  contained 
in  the  declaration  to  Noah  as  a  punishment  for  the  crime 
of  Cain?  Not  at  all;  instead,  he  positively  declares  that 
Cain  should  not  be  slain.     Let  us  look  at  his  case. 

Case  op  Cain. 

"And  Cain  talked  with  Abel  his  brother:  and  it  came 
to  pass,  when  they  were  in  the  field,  that  Cain  rose  up 
against  Abel  his  brother,  and  slew  him.  And  the  Lord 
said  unto  Cain,  Where  is  Abel  thy  brother?  And  he  said, 
I  know  not.  Am  I  my  brother's  keeper?  And  he  said, 
what  hast  thou  done?  The  voice  of  thy  brother's  blood 
crieth  unto  me  from  the  ground,  and  now  art  thou 
cursed  from  the  earth,  which  hath  opened  her  mouth  to 
receive  thy  brother's  blood  from  thy  hand.  When  thou 
tillest  the  ground,  it  shall  not  henceforth  yield  unto  thee 
her  strength:  a  fugitive  and  vagabond  ehalt  thou  be  in 


COVENANT   WITH   NOAH.  99 

the  earth.  And  Cain  said  unto  the  Lord,  My  punish- 
ment is  greater  than  I  can  bear.  Behold  thou  hast 
driven  me  out  this  day  from  the  face  of  the  earth ;  and 
from  thy  face  shall  I  be  hid ;  and  it  shall  come  to  pass,  that 
every  one  that  findeth  me  shall  slay  me.  And  the  Lord  said 
unto  him,  therefore  whosoever  slayeth  Cain,  vengeance 
shall  be  taken  on  him  seven -fold.  And  the  Lord  set  a 
mark  upon  Cain  lest  any  finding  him  should  slay  him."* 

Here  we  have  the  account  of  the  first  murder  ever 
committed,  the  first  law  ever  instituted  for  the  punish- 
ment of  the  off'ender,  and  the  details  of  the  first  trial  on 
record  where  the  criminal  was  a  murderer.  The 
Almighty  God  was  himself  the  Law-giver  and  the  Judge; 
the  garden  of  Eden  the  court-room,  and  the  blood  of  the 
slain  Abel,  crying  from  the  teeming  ground,  both  the 
accuser  and  the  witness. 

And  what  is  the  nature  of  the  penalty  attached  to  the 
awful  oiFense  of  the  wretched  man?  Was  it  "blood  fo-r 
blood?"  If  Capital  Punishment  is  a  perpetual  institu- 
tion, divine  and  universal,  why  was  it  not  then  pro- 
claimed? There  was  no  mistake  in  the  guilt  of  the 
criminal  at  the  bar.  At  first,  he  was  inclined  to  cover 
his  sin  with  a  falsehood.  "And  the.  Lord  said  unto 
Cain,  where  is  thy  brother  Abel?  and  he  said,  I  know 
not;  am  I  my  brother's  keeper?"  But  "God  is  not 
mocked."  Human  tribunals  are  fallible  and  may  be  de- 
ceived, but  infinite  knowledge,  never! 

We  may  succeed  in  hiding  our  crimes  from  man,  but 
the  eye  of  God  penetrates  into  the  very  secrets  of  the 
soul,  and  our  sin  will  find  us  out,  and  "though  hand 
join  in  hand,  the  wicked  shall  not  be  unpunished."  Cain 
was  guilty  of  murder,  and  when  fully  charged  with  the 
dreadful  crime,  he  did  not  longer  deny.     We  ask  asain, 

Gen.  4:  8—15. 


IdO  THE   BIBLE   ARGUMENT   GONTINTTED. 

why  did  not  the  Almighty  then  institute  the  Death  Pen- 
alty? Why  did  he  not  the'}^  erect  the  gallows,  and  him- 
self become  the  executioner?  Do  you  say  that  the  murder 
was  not  an  aggravated  one ;  that  Cain  slew  his  brother  in 
the  heat  of  passion,  and  was,  therefore,  entitled  to  lenity? 
But  the  facts  in  the  case  will  not  warrant  such  a  supposi- 
tion; on  the  contrary,  they  show  plain  enough  that  the 
murder  was  premeditated  and  wilful.  Look  at  the  pre- 
ceding account.  "Abel  was  a  keeper  of  sheep,  and  Cain 
was  a  tiller  of  the  ground.  And  in  process  of  time  it 
came  to  pass,  that  Cain  brought,  of  the  fruit  of  the 
ground,  an  offering  unto  the  Lord.  And  Abel,  he  also 
brought  of  the  firstlings  of  his  flock,  and  of  the  fat  there- 
of. And  the  Lord  had  respect  unto  Abel  and  to  his 
offering ;  but  unto  Cain  and  his  offering  he  had  not 
respect.  And  Cain  was  very  wroth,  and  his  countenance 
fell.  And  the  Lord  said  unto  Cain,  Why  art  thou  wroth? 
and  why  is  thy  countenance  fallen  ?  If  thou  doeat  well, 
shalt  not  thou  be  accepted?  and  if  thou  doest  not  well,  sin 
lieth  at  the  door."*  Here  we  witness  the  "wrath  "  of 
Cain.  His  heart  was  filled  with  envy,  jealousy,  and 
hatred  toward  his  kind  and  innocent  brother ;  and  these 
passions  raged  like  a  sea,  unbridled,  till  the  destruction 
of  Abel  was  the  consequence.  What  a  cold-blooded, 
heartless  murder!  And  yet,  God  did  not  slay  the  murder- 
er !  He  did  not  deprive  him  of  liberty,  even;  and  instead 
of  hanging  him  up  like  a  cat  on  a  gibbet,  and  strangling 
the  life  out  of  him,  as  we  Christians  would  do  in  a  simi- 
lar case,  he  actually  instituted  a  law  TO  SAVE  him  from 
DEATH.  Is  not  this  remarkable,  if  "  life  for  life"  is  so 
necessary  to  restrain  the  vicious,  and  so  sanctifying  in  its 
moral  influences  !  Hear  the  sentence  pronounced  by  God 
HimseF,  upon  the   guilty  man.     "  And    now   art  thou 

*  Genesis,  4:2—7. 


COVENANT   WITH   NOAH.  101 

cursed  from  the  earth  which  hath  opened  her  mouth  to 
receive  thy  brother's  blood  from  thy  hand.  When  thou 
tiliest  the  ground,  it  shall  not  henceforth  yield  unto  thee 
her  strength;  a  fugitive  -and  vagabond  shalt  thou  be  in 
the  earth." 

Here  was  the  doom  of  Cain.  God  did  not  slay  Mm 
because  he  had  slain.  This  would  have  been  a  work  of 
retaliation  and  vengeance.  "Thou  shalt  not  kill,"  is 
the  law  of  God,  and  He  would  not  be  the  first  to  violate 
his  own  precept;  but  by  his  dealings  with  the  murderer, 
he  would  show  all  men  the  sanctity  of  human  life.  And 
thus :  "  from  the  ashes  of  murdered  Abel,  and  from  the 
stamped  forehead  of  Cain,  is  proclaimed  to  the  magistrate^ 
and  the  criminal,  to  the  murderer  in  his  bloody  purpose, 
find  the  judge  in  his  fearful  decision,  '  Thou  shalt  not  kill.^ " 

But  though  God  did  not  slay  the  murderer,  the  pen- 
alty that  he  pronounced  was  a  fearful  one.  He  was  ban- 
ished from  God  and  from  society.  His  conscience  was 
full  of  guilt,  and  the  awful  apprehension  of  being  hunted 
like  a  wild  beast,  by  his  fellow  men,  was  overwhelming 
in  its  effect;  so  that  he  exclaimed,  in  the  voice  of  de- 
spair, "My  punishment  is  greater  than  I  can  bear!  Be- 
hold, thou  hast  driven  me  out  this  day  from  the  face  of 
the  earth,  and  from  thy  face  shall  I  be  hid ;  and  I  shall 
be  a  fugitive  and  a  vagabond  in  the  earth;  and  it 
shall  come  to  pass,  that  every  one  that  findeth  me  shall 
slay  me." 

Some  contend  that  the  Death  Penalty  must  have  been 
previously  instituted,  or  Cain  would  not  have  expressed 
a  fear  of  being  slain.  But  not  so.  God  has  implanted 
a  sort  of  instinct  in  man,  which  causes  him  to  dread  the 
very  evils  which  he  inflicts  on  others.  The  dishonest 
man  suspects  the  integrity  of  all  men ;  the  liar  confides  in 
no  man's  word;  the  thief  expects  to  be  robbed,  and  the 


102  THE   BIBLE   ARGUMENT   CONTINUED. 

murderer  to  be  killed.  So  with  Cain.  He  was  a  mur- 
derer. The  voice  of  his  brother's  blood  was  ever  crying 
from  the  ground;  and  he  felt  that  as  he  had  killed  with- 
out provocation,  the  hands  of  all  men  would  be  turned 
against  him,  and  whosoever  found  him  would  slay  him. 

But  God  said  this  should  not  be.  "  Whosoever  slay- 
eth  Cain,  vengeance  shall  be  taken  on  him  seven  fold. 
And  the  Lord  God  set  a  mark  upon  Cain,  lest  any  find- 
ing him  should  kill  him."  What  this  "mark"  was,  has 
given  rise  to  many  conjectures.  Nothing  is  said  in  the 
context  from  which  we  can  decide ;  neither  does  it 
matter,  so  far  as  the  present  question  is  concerned,  inas- 
much as  we  are  assured  that  it  protected  the  wretched 
homicide  from  destruction.  Still  we  think  the  explana- 
tion, as  given  by  Dr.  Shuckford,  of  England,  an  eminent 
Hebrew  scholar,  very  reasonable  and  beautiful,  and  so 
perfectly  in  harmony  with  this  entire  account,  that  we 
cannot  forbear  giving  it  a  place  here.  "  The  Hebrew 
word  othy^'^ays  he,  "which  we  translate  'a  mark,'  signi- 
fies a  sign  or  token.  Thus,  Gen.  9:  13,  the  bow  set  in  the 
heavens,  was  to  be  leoth,  for  a  sign  or  token  that  the 
world  should  not  again  be  destroyed  by  flood ;  therefore 
the  words,  '  and  the  Lord  set  a  mark  upon  Cain,' 
should  be  translated,  '  and  the  Lord  appointed  unto  Cain 
a  token  or  sign,'  to  convince  him  that  no  person  should  be 
permitted  to  slay  him.  To  have  marked  him  would  have 
been  the  most  likely  way  to  have  brought  all  the  evils 
he  dreaded  upon  him ;  therefore,  the  Lord  gave  him 
some  miraculous  sign  or  token  that  he  should  not  be 
slain,  to  the  end  that  he  should  not  despair,  but,  having 
time  to  repent,  might  return  to  a  gracious  God  and  find 
mercy." 

Here,  then,  we  have  the  case  of  Cain.  He  was  guilty 
of  a  dreadful  murder,  arraigned  by  God  himself,  convict- 


.    COVENANT   WITH    NOAH.  103 

ed  and  sentenced.  His  punisliment  was  dreadful,  still 
his  life  was  preserved,  and  so  should  be  the  life  of  every 
homicide.  He  was  banished  from  the  face  of  society,  and 
BO  should  be  every  homicide.  The  murderer  is  guilty  of 
the  worst  crime  that  man  can  commit.  His  presence  is 
dangerous  in  any  community,  and  he  should,  therefore, 
be  safely  secured.  But  he  should  not  be  injured.  God 
has  given  us  an  example  of  clemency,  in  his  dealings  to- 
ward the  miserable  Cain,  which  it  would  be  wise  in  us  to 
follow.  He  visited  him  with  no  act  of  vengeance,  but 
while  he  assured  him  of  the  certainty  of  his  punishment, 
he  gave  him  a  sign  or  token,  that  he  should  not  be  slain, 
*'  to  the  end  that  he  might  not  despair,  but,  having  time 
to  repent,  might  return  to  a  gracious  God,  and  find  for- 
giveness." What  mingling  of  mercy  and  justice  !  And 
what  a  beautiful  example  for  legislation  in  all  ages! 
The  reader  must  see  that  the  argument  founded  on  the 
case  of  Cain,  when  Jehovah  himself  was  both  Law-giver 
and  Judge,  affords  the  Death  Penalty  no  aid ;  neither  does 
it  sustain  the  assertion  that  the  principle  contained  in 
the  declaration  to  Noah  was  of  wuit/ersiyZ  application;  on 
the  contrary,  it  refutes  the  idea,  as  God  did  not  himself 
regard  it. 

Coming  down  from  this  first  offense  in  the  history  of 
man,  to  the  year  of  the  world  500,  we  find  an  account  of 
the  second  murderer,  whose  case  we  will  briefly  consider. 

LAMECH,    THE    SECOND    MURDERER. 

Laraech  is  the  second  murderer  of  whom  we  have  any 
account ;  and  it  is  a  little  singular  that  he  was  a  descend- 
ant of  Cain,  and  the  father  of  Noah.  We  are  told  that 
after  the  sentence  was  pronounced  upon  Cain,  that  he 
"  went  out  from  the  presence  of  the  Lord,  and  dwelt  in 
the  land  of  Nod,  on  the  east  of  Eden."     "  The   Hebrew 


i04  THE    BIBLE    ARGUMENT    CONTINUED. 

word  ?ioc?,"  says  an  eminent  commentator,  "signifies  tlie 
same  as  naJ  a  vagabond,  and,  therefore,  should  have  been 
rendered,  as  some  contend,  "am^  Cain  went  out  from  the 
presence  of  the  Lord,  (that  is,  from  the  spiritual  paradise 
of  God  in  the  garden,)  on  the  coast  of  Eden,  and  dwelt  a 
vagabond  upon  the  earth  ;  and  thus  the  curse  pronounced 
on  him  in  the  twelfth  verse  was  accomplished."  But 
notwithstanding  the  curse  that  followed  him,  we  are  told 
that  his  wife  accompanied  him,  that  he  had  sons  and 
daughters — built  a  city,  and  that  his  descendants  were 
prosperc*as.  The  account  is  given  in  the  following  lan- 
guage :  "  And  Cain  knew  his  wife,  and  she  conceived 
and  bare  Enoch,  and  he  builded  a  city,  and  called  the 
name  of  the  city  after  the  name  of  his  son  Enoch.  And 
unto  Enoch  was  born  Irad  ;  and  Irad  begat  Mehujael ; 
and  Mehujael  begat  Methusael,  and  Methusael  begat  La- 
mech.  And  Lamech  took  unto  him  two  wives;  the  name 
of  the  one  was  Adah,  and  the  name  of  the  other  Zillah." 
Thus  it  will  be  seen  that  Lamech  was  a  bigamist.  "  lie 
was  the  first  man,"  says  Dr.  A.  Clarke,  "who  dared  to  re- 
verse the  order  of  God,  by  introducing  polygamy^  He 
was  also  guilty  of  killing  a  man  ;  and  notwithstanding 
both  these  offenses,  was  not  himself  slain.  "And  La- 
mech said  unto  his  wives  Adah  and  Zillah,  hear  my 
voice;  ye  wives  of  Lamech,  hearken  unto  my  speech; 
for  I  have  slain  a  man  to  my  wounding,  and  a  young 
man  to  my  hurt. '* 

"  It  is  supposed  that  Lamech  had  slain  a  man  in  his 
own  defense,  and  that  his  wives,  being  alarmed  lest  the 
friends  of  the  deceased  should  seek  his  life  in  return,  to 
quiet  their  fears,  he  makes  this  speech,  in  which  he 
endeavors  to  prove  that  there  was  no  room  for  fear  on 
this  account;  for  if  the  slayer  of  the   wilful   murderer, 

«  Genesis  4  :  23. 


•       « 


COVENANT   WITH   NOAH.  105 

Cain,  sliould  suffer  a  seven  fold  punishment,  surely  he 
who  should  kill  Lamech,  for  having  killed  a  man  in  self- 
defense,  might  expect  a  seventy-seven  fold  punishment." 
These  two  are  the  only  accounts  of  murder  on  record, 
previous  to  the  declaration  to  Noah  now  under  consider- 
ation, which  was  given,  as  we  before  said,  in  the  year  of 
the  world,  1652,  and  in  neither  of  these  was  the  life  of 
the  offender  destroyed. 


.*. 


Jf    INSTANCES  OF  DISREGARD  OF  THE  DECLARATION  TO    NOAH 
*  AFTER   IT   WAS   MADE. 

It  may  be  said  by  the  objector,  that  previously  to  God's 
covenant  with  Noah,  no  express  law  against  the  murder- 
er had  been  instituted,  and  for  this  reason  he  was  not 
visited  with  death.  But  what  a  mistake.  Could  not  a 
law  against  murder  be  instituted,  without  annexing  the 
penalty  of  death?  Let  the  reader  look  carefully  at  God's 
dealings  with  the  first  murderer,  as  exhibited  in  the 
preceding  pages ;  let  him  reflect  upon  the  guilt  of  the 
wretched  man — his  arraignment  before  the  bar  of  offend- 
f  ed  justice — his  examination  as  a  criminal — the  verdict 
rendered,  and  the  sentence  passed,  and  answer  whether 
a  law  was  not  then  and  there  instituted  against  the 
murderer  ;  a  law,  too,  which  but  echoed  the  very  instinct 
which  God  had  previously  written  in  the  soul  of  man,  and 
inscribed  on  every  filament  of  his  nature,  standing  as  a 
perpetual  and  eternal  edict^  declaring,  "  Thou  shalt  not 
kill."  We  grant  that  no  statute  law  had  been  instituted, 
no  chains  forged,  or  prison  reared,  or  gallows  erected. 
Still,  God  had  instituted  a  law,  annexed  the  penalty,  and 
punished  the  offender;  ^nd  yet,  as  we  have  seen,  he 
neither  burned,  hanged  nor  drowned  him. 

But  suppose  we  grant  that  no  express  law  against  the 
murderer  had  been  instituted  previously  to  the  declapa- 


106  THE    BIBLE   ARGUMENT   CONTINUED. 

tion  of  Noah,  and,  therefore,  the  offender  was  not  put  to 
death;  this  plea  cannot  be  put  in  against  God's  disregard 
of  this  penalty,  o^fter  he  spoke  so  emphatically  and  said : 
"  Whoso  sheddeth  man's  blood,  by  man  shall  his  blood 
be  shed  ;"  for  here,  the  objector  says,  is  the  law  of  "  life 
for  life,"  instituted  by  God,  and  which  is  to  he  perpetual 
and  universal. 

But  was  it  a  universal  law  ?  After  the  declaration 
was  made,  was  ever^/  man  put  to  death  who  was  guilty  of 
murder?  Did  God  himself  regard  it  in  his  dealings 
with  those  who  killed  ?  Why,  instead  of  this,  we  find 
no  intimations  of  the  Death  Penalty  in  the  sacred  history, 
for  more  than  six  hundred  years  subsequently  to  God's 
covenant  with  Noah.  Is  not  this  remarkable,  if  the  law 
of  "  life  for  life  "  was  to  be  a  rule  of  perpetual  and  uni- 
versal application  ? 

In  the  year  of  the  world,  2200,  we  find  Isaac  and  his 
wife  tarrying  with  Abimelech,  the  king  of  the  Philistines. 
To  secure  them  against  harm,  after  Isaac's  prevarication, 
Abimelech  charged  all  his  people,  saying,  "  He  that 
toucheth  this  man  or  his  wife,  shall  surely  be  put  to 
death."*  And  this  is  the  first  threatening  of  the  Death 
Penalty  that  appears  in    the  Bible. 

In  the  year  2266  Simeon  and  Levi,  sons  of  the  patri- 
arch Jacob,  as  the  sacred  word  informs  us,  armed  them- 
selves, with  each  a  sword,  and  fell  upon  the  defenseless 
and  innocent  men  of  a  certain  city,  and  slew  them  all.f 
And  did  Jacob,  their  father,  convict  them  of  murder,  and 
command  that  they,  in  turn,  be  slain  ?  Not  at  all.  He 
simply  reproved  them  at  the  time,  and  when  on  the  bed 
of  death,  pronounced  the  natural  consequences  of  a  life  of 
cruelty  and  vengeance.  He  called  them  to  him  and  said, 
as  he  spoke  to   his  children  in  the  order  of  their  ages  ; 

*  Genesis  22:  11.  f  Gonesis  2:  3. 


COVENANT   WITH    NOAH.  107 

"  Simeon  and  Levi  are  brethren.  Instruments  of  cruelty 
are  in  their  habitation.  Oh  my  soul,  come  not  thou  into 
their  secret;  unto  their  assembly,  mine  honor,  be  not 
thou  united.  For  in  their  anger  they  slew  a  man,"  (the 
original  says,  a  7iohle  and  honorahle  man,)  "  cursed  be 
their  anger,  for  it  was  fierce,  and  their  wrath,  for  it  was 
cruel.  I  will  divide  them  in  Jacob,  and  scatter  them  in 
Israel."*  This  was  all.  And  it  was  enough.  Simeon 
and  Levi  were  not  slain  ;  still,  like  Cain,  they  were  pun- 
ished. They  and  their  posterity  were  divided  and  scat- 
tered. They  attained  to  no  political  eminence ;  but 
were  followed  by  adversity  and  a  curse,  in  the  future 
years  of  their  existence. 

Now,  we  must  keep  in  mind  that  the  law  of  Noah  was 
given  to  the  Hebrews,  and  that  Jacob  was  a  judge  or 
ruler  among  them.  Is  it  at  all  probable,  then,  that 
this  just  and  devout  man  could  have  regarded  the  declar- 
ation to  Noah,  which  we  are  considering,  as  a  positive 
command,  that  all  who  shed  blood  should  be  killed  ?  If 
he  had  so  understood  this  instruction,  would  he  not  have 
executed  these  murderers  though  they  were  his  sons,  or 
offered  some  apology  for  not  doing  it?  Most  certainly. 
But  instead  of  this,  we  find  no  intimation  in  the  entire 
account,  that  the  necessity  of  such  a  punishment  occurred 
to  him. 

Pursuing  history  still  further,  in  the  year  2433,  we 
find  even  Moses — Moses  the  man  of  God,  the  great  law- 
giver— himself  slaying  a  man.  "  He  looked  this  way,  and 
that  way,  and  when  he  saw  that  there  was  no  man,  he 
slew  the  Egyptian,  and  hid  him  in  the  sand."f  Moses 
committed  this  deed  with  the  full  knowledge  of  all  that 
had  been  said  to  Noah,  and  yet  God  did  not  visit  him 
with  death.     He  was  neither  hung  nor  crucified. 

*  Genesis  49 :  2—7.  f  Exodus  2: 12, 


108  THE    BIBLE    ARGUMENT    CONTINUED. 

Coming  down  further  still,  we  behold  Doeg,  by  or- 
der of  the  blood-thirsty  and  cruel  Saul,  wickedly  murder- 
ing no  less  than  eighty-five  innocent  and  defenseless 
priests,  together  with  all  the  "women  and  children  and 
sucklings"  of  the  city,  and  yet  the  declaration  of  God, 
*' Whoso  sheddeth  man's  blood,  by  man  shall  his  blood 
be  shed,"  was  not  even  mentioned  to  him. 

Again,  in  the  year  3074,  Zimri  conspired  against 
Elah,  king  of  Judah,  and  treacherously  "smote  and 
killed  him"*  in  his  own  house  when  drunk,  and  he,  in 
turn,  was  not  slain,  but  reigned  as  king  in  place  of  the 
murdered  Elah. 

Then,  coming  down  further,  we  find  David  killing  the 
Amalekite  directly,  and  the  faithful,  noble  and  heroic 
Uriah,  indirectly,  but  was  not  in  turn  himself  destroyed. 
But  why  not,  if  Grod  had  designed  the  declaration  of 
Noah  as  a  positive  law  against  the  murderer?  David  was 
guilty  of  a  double  crime.  He  had  stolen  the  affections 
of  the  wife  of  Uriah,  in  the  absence  of  the  latter; — had 
become  her  paramour,  and  now  wished  to  rid  himself  of 
the  husband  that  he  might  marry  the  wife.  So  he  wrote 
a  letter  to  Joab,  the  commander  of  his  soldiers,  saying, 
"  Set  ye  Uriah  in  the  forefront  of  the  hottest  battle,  and 
retire  ye  from  him  that  he  may  be  smitten  and  die."f 
This  letter  was  put  into  the  hand  of  Uriah  himself  to 
carry  to  Joab,  so  that  the  unfortunate  man  became  the 
bearer  of  his  own  death-warrant.  Joab  did  as  he  was 
directed,  and  poor  Uriah  perished  by  order  of  the  king, 
when  he  was  fighting  for  the  honor  of  that  king.  What 
a  diabolical  act  on  the  part  of  David  !  And  yet,  though 
God  himself  took  this  matter  in  hand,  and  arraigned  the 
unfortunate  David  before  his  "judgment-seat"  through 
the  instrumentality  of  Nathan  the  prophet,  he  did  not 

«  1  Kings  16 :  9—10.  t  2  Samuel  11 :  16. 


COVENANT   WITH   NOAH.  109 

command  that  lie  be  put  to  death ;  but  pronounced  the 
following  sentence  upon  him :  *'  Thus  saith  the  Lord 
God  of  Israel:  I  anointed  thee  king  over  Israel,  and  I 
delivered  thee  out  of  the  hand  of  Saul Where- 
fore hast  thou  despised  the  commandment  of  God,  to  do 
evil  in  his  sight?  Thou  hast  killed  Uriah  the  Hittite 
with  the  sword,  and  hast  taken  his  wife  to  be  thy  wife, 
and  hast  slain  him  with  the  sword  of  the  children  of 
Ammon.  Now,  therefore,  the  sword  shall  never  depart 
from  thine  house  ;  because  thou  hast  despised  me.  Be- 
hold, saith  the  Lord  God,  I  will  raise  up  evil  against  thee 

out  of  thine  own  house And  David  said  unto 

Nathan,  I  have  sinned  against  the  Lord.  And  Nathan 
said  unto  David:  the  Lord  hath  put  away  thy  sin — tJiou 
shalt  not  die.'^  Here  was  David's  punishment.  His  life 
was  preserved ;  but  all  which  was  pronounced  against, 
him  was  fulfilled  to  the  very  letter.^ 

And  when  we  come  down  to  the  time  of  Christ,  we 
find  the  cruel  Herod  beheading  the  innocent  John  in  his 
prison; — Christ  himself  nailed  to  the  cross; — Saul 
breathing  out  wrath  and  slaughter; — Peter  and  Stephen 
cruelly  murdered,  and  yet  we  have  no  account  that  those 
engaged  in  this  work  of  blood  were  themselves  slain. 
Instead  of  this,  Saul  the  murderer  was  converted  to 
Christianity,  through  the  power  of  the  Holy  Ghost,  and 
afterward  became  "  Paul  the  apostle  to  the  Gentiles," 
and  the  author  of  thirteen  books  of  the  New  Testament. 

In  conclusion,  then,  we  come  to  ask,  can  it  be  that 
God  designed  the  principle  contained  in  the  declaration, 
"  WTioso  sheddeth  man's  blood,  by  man  shall  his  blood  be 
shed,"  to  be  universally  applied?  Can  we  arrive  at  this 
result  with  all  these  facts  before  us  ?  Did  the  Almighty 
design  even  that  its  spirit  should  enter  the  moral  and 

*  See  the  entire  account,  2  Samuel  12th  chapter. 


110  THE   BIBLE   ARGUMENT   CONTINUED. 

penal  codes  of  nations,  and  that  blood  should  be  poured 
out  for  blood,  to  the  end  of  time  ?  We  cannot  believe 
this ;  and  many  of  the  most  eminent  Christians  and  bib- 
lical scholars  of  all  denominations,  who  have  written  on 
the  subject,  some  of  whom  believe  in  the  necessity  of  the 
Death  Penalty,  entertain  the  same  views;  assuring  us 
that  this  text  does  not  afford  that  support  to  the  punish- 
ment of  death,  that  Christians  so  generally  ascribe  to 
it,  as  will  more  fully  appear  in  what  follows. 

TWELVE   DIFFERENT  TRANSLATIONS. 

We  have  not  yet  done  with  Noah.  All  that  we  have 
said  may  appear  plausible  to  all,  but  may  not  be  satis- 
factory to  all.  For  though  Noah  lived  two  thousand 
and  five  hundred  years  before  Christ,  God's  declaration 
to  him  is  the  rock  on  which  the  Christian  plants  himself 
in  his  defense  of  the  "gallows.  In  the  year  1843,  the 
Rev.  George  B.  Cheever,  of  New  York,  in  his  reply  to 
O'Sullivan's  masterly  production,  in  favor  of  the  abol- 
ishment of  the  Death  Penalty,  calls  this  text  in  the  ninth 
chapter  of  Genesis,  "the  citadel  of  the  argument  com- 
manding and  siveeping  the  lohole  subject.'''  Thousands 
view  the  text  in  the  same  light.  Converse  with  whom  we 
will  on  the  subject,  and  if  he  be  a  Christian  in  favor  of 
legal  strangulation,  whether  minister  or  layman,  he  will 
be  sure  to  adduce  this  text;  and  though  he  is  driven 
from  every  other  point  in  the  fortress,  will  retire  within 
the  precincts  of  this  with  an  air  of  the  most  perfect  con- 
fidence that  it  cannot  be  taken  from  him.  During  the 
past  year  we  have  noticed  three  published  sermons  and 
many  essays  and  articles  in  religious  journals  of  our 
land,  in  favor  of  the  Punishment  of  Death,  and  in  each, 
the  foundation  of  the  argument  was  God's  declaration 
to  Noah. 


COVENANT    WITH    NOAH.  Ill 

Now,  we  believe  the  Bible.  We  believe  that  it  con- 
tains a  pure  and  exalted  morality;  that  it  inculcates  the 
most  ennobling  ideas  of  human  duty,  of  God  and  the 
immortal  world.  There  is  no  man  who  has  a  more 
sacred  reverence  for  this  "  book  of  books," — the  greatest 
gift  of  Grod  to  man — than  the  author  of  these  pages. 
But  this  is  not  all.  We  not  only  entertain  a  high  opin- 
ion and  strong  affection  for  the  Bible,  but  we  strive, 
above  all  things,  to  understand  its  true  teachings.  "  Tin- 
def'standest  thou  what  thou  readest?"*  is  an  important 
injunction,  which  it  would  be  well  for  all  Christians  to 
keep  in  mind,  in  the  perusal  of  the  divine  word;  because 
a  bare  reverence  for  the  Scriptures  is  not  enough.  They 
will  be  of  little  service  to  us  if  we  do  not  comprehend 
their  teachings. 

With  reference  to  the  text  under  consideration,  we 
have  given  several  reasons  why  we  cannot  believe  that 
God  designed  the  declaration  it  contains  as  a  law  Re- 
manding the  blood  of  the  offender,  and  reaching  down  to 
the  end  of  time.  But  there  are  more  and  weightier  rea- 
sons for  this  conclusion — reasons  drawn  from  the  text 
itself.  In  the  first  place,  let  me  say  that  this  verse  has 
had  twelve  different  translations,  all  by  learned  Christian 
men.  Some  of  these  translations  favor  the  Death  Pen- 
alty, and  some  oppose  it,  as  we  shall  see  bye-and-bye. 
But  let  us  put  the  reasonable  question  here,  whether  it 
is  probable  that  Almighty  God  would  have  left  a  matter 
of  so  much  importance,  resting  upon  a  single  line  of 
Hebrew — and  that  line  of  Hebrew  so  ambiguous  as  that 
twelve  different  Christian  men,  of  equal  sincerity  and 
learning,  give  it  as  many  renderings?  The  Christian 
says  that  this  text  is  his  "impregnable  foundation ;"  and 
yet,  if  he  is  a  Hebrew  scholar,  he  dare  not  stand  up  in 


*  Acts  8:   38. 


112  THE    BIBLE   ARGUMENT    CONTINUED. 

a  company  of  scholars  and  affirm   that  he  is  sui-e  of  its 
meaning. 

THE   TRUE    MEANING   AND   DESIGN   OF   THE   TEXT. 

We  have  now  arrived  at  the  proper  place  in  our  inves- 
tigations, to  give  what  we  believe  to  be  the  true  meaning 
of  this  declaration.  The  writer  of  these  pages  is  not  a 
Calvinist  theologically^  but  respecting  the  intent  of  this 
text,  his  views  are  perfectly  in  harmony  with  those  of  the 
great  Genevan.  Calvin  says,  that  to  render  it  "by  man," 
is  a  "forced -construction;" — that  the  following  is  a  bet- 
ter translation  :  "  AVhoso  sheddeth  the  blood  of  man,  his 
blood  will  be  shed;"  making  the  rendering,  not  in  the 
form  of  a  command^  but  denunciatory,  and  describing 
prophetically  what  is  the  natural  consequence  of  bloody 
deeds.  The  declaration  was  a  general  one,  and  never 
designed  for  literal,  particular  and  universal  application. 
Christ  used  nearly  the  same  form  of  expression  and  with 
reference  to  the  same  subject,  when  he  reproved  the 
hasty  Peter  who  was  about  to  commit  an  act  of  violence, 
in  defense  of  his  Master:  "All  they  that  take  the  sword 
shall  perish  with  the  sword."*  How  positive,  how  uni- 
versal, is  the  sense  of  this  declaration  when  understood 
literally.  And  yet  no  one  can  believe  that  Christ  de- 
signed to  teach  that  Capital  Punishment  should  be  in- 
flicted with  the  sword  on  all  who  use  it.  He  meant  only 
that  "a  violent  life  is  apt  to  close  with  a  violent  death." 
Again,  John  says :  "  He  that  killeth  with  the  sword, 
must  be  killed  with  the  sword. "f  How  emphatic  is  this 
expression,  and  yet,  the  meaning  is,  simply,  that  they 
who  contend  in  battle,  are  likely,  on  both  sides,  sooner 
or  later,  to  become  sacrifices  to  their  mutual  animosities. 
So  of  the  declaration  to  Noah.     When  God  spake  these 

*  Matthew  26:  57.  f  Revelation  13:  10. 


COVENANT   WITH   NOAH.  113 

words  the  ark  had  rested  upon  the  mountain;  and  Noah 
and  all  his  family  walked  forth  upon  the  green  earth, 
for  the  waters  had  abated.  Then  God  established  his 
covenant;  and  gave  the  precious  promise  that  "summer 
and  winter,  seed-time  and  harvest,"  should  never  cease. 
Then  the  bow  spanned  the  heavens,  as  a  token  which 
should  remain  perpetually,  of  the  love  and  constancy  of 
the  Father,  and  of  his  declaration  that  the  earth  should 
never  again  be  destroyed  by  a  deluge. 

And  Grod  said  to  Noah :  "  And  the  fear  of  you  shall  be 
upon  every  beast  of  the  earth,  and  upon  every  fowl  of 
the  air;  upon  all  that  move  upon  the  earth,  and  upon  all 
the  fishes  of  the  sea;  into  your  hand  are  they  delivered. 
Every  moving  thing  that  liveth  shall  be  meat  for  you ; 
even  as  the  green  herb,  have  I  given  you  all  things. 
But  flesh  with  the  life  thereof,  which  is  the  blood  there 
of,  shall  ye  not  eat.  And  surely  your  blood  of  your 
lives  will  I  require.  At  the  hand  of  every  beast  will  I 
require  it,  and  at  the  hand  of  every  man;  at  the  hand  of 
every  man's  brother  will  I  require  the  life  of  man. 
Whoso  sheddeth  man's  blood,  by  man  shall  his  blood  be 
shed." 

Great  stress  is  usually  laid  upon  the  word  ^^ shall"  in 
this  text.  "By  man  shall  his  blood  be  shed,"  as  if  the 
declaration  was  imperative.  But  this  same  auxilliary  is 
employed  in  this  same  connection  where  the  meaning 
cannot  be  imperative.  '■'-Every  moving  thing  that  liveth 
SHALL  BE  meat  for  you''^  Caterpillers,  spiders  and 
rattlesnakes  "  live  "  and  "move;"  so  that  if  this  text  is 
to  be  taken  in  its  literal  and  imperative  sense,  all  men  are 
doomed  to  subsist  upon  these  poisonous  insects  and  rep- 
tiles. Do  you  say  this  instruction  was  limited  to  the  He- 
brews, and  designed  only  to  regulate  their  practices  in  diet? 

*  See  third  verse. 

10 


114  THE    BIBLE    ARGUMENT    CONTINUED. 

then,  on  the  same  grounds,  we  can  limit  the  instruction 
of  the  sixth  verse  to  the  Hebrews,  and  say  that  only  they 
should  pour  out  blood  for  blood.  But  this  was  not  the 
design  of  the  text.  "  Bloody  and  deceitful  men  shall  not 
live  out  half  their  days."^  Here  is  the  same  imperative 
form;  but  the  sense  is  not  imperative.  The  instruction 
is  general,  and  the  same  as  that  contained  in  the  declar- 
ation to  Noah,  teaching  us  that  "  violence  begets  vio- 
lence." Again,  it  is  declared  that  "the  wicked  shall  do 
wickedly,  and  none  of  the  wicked  s^aZ^  understand. "f  .  If 
we  take  this  in  an  imperative  sense,  then  it  contains  a 
command  to  sin  and  not  to  understand  the  truth.  So  in 
the  declaration  of  Christ  to  Peter,  "  They  that  take  the 
sword,  shall  perish  by  the  sword,"  the  same  imperative 
form  occurs,  and  yet  W3  know  the  declaration  was  not 
imperative.  A  better  rendering  would  have  been,  "  They 
that  take  the  sword  will  perish  by  the  sword,"  which  is 
the  sense,  as  we  have  seen,  in  which  Calvin  gives  the 
phrase  "  shall  be  shed,"  in  the  declaration  to  Noah,  not- 
withstanding he  was  both  theoretically  and  practically  in 
favor  of  Capital  Punishment,  especially  by  burning.J 

TESTIMONY    OF    LEARNED    MEN. TRUE    TRANSLATION. 

The  views  we  have  now  taken  of  this  subject  are  sus- 
tained by  some  of  the  leading  spirits  in  every  age  of  the 
Christian  Church.  Even  three  hundred  years  before 
Christ,  we  find  the  Seventy-Two  learned  Jews  of  Alexan- 

*  Psalms  55:  7.  t  Daniel  12:  10. 

X  The  Death  Penalty  has  always  been  adreadfulinstrumentof  injustice 
and  cruelty  in  the  hands  of  both  political  and  religious  despots.  Millions 
of  innocent  raen  and  women  have  been  put  to  death  by  the  Church,  for 
matters  of  faith.  Calvin  possessed  this  power.  James  Gallet  was  behead- 
ed by  his  order,  "because  he  had  written,"  what  Calvin  deemed  "profane 
letters."  Michael  Servetus,  in  his  passage  through  Geneva,  in  1553,  was 
arrested,  and  on  Calvin's  accusation,  was  burnt  alive  becan.se  ho  had  at- 
tacked, (not  men  and  women,)  but  the  mystery  of  the  Trinity."  Numerous 
other  similar  examples  might  be  adduced,  shdwing  how  fearful  is  such  a 
law  eT9n  in  the  hands  of  religious  men. 


COVENANT   WITH   NOAH.  115 

dria,  in  translating  their  Hebrew  Scriptures  into  Greek, 
omitting  the  words  "by  man."  They  gave  the  text  as 
they  understood  it,  merely  as  indicating  the  natural  con- 
sequences of  violence.  Now,  is  it  not  probable  that  they 
understood  the  teachings  of  their  own  Scriptures,  as  cor- 
rectly as  we  at  this  late  day ;  and  as  they  were  probably 
in  favor  of  the  law  of  "life  for  life,"  is  it  not  reasonable 
to  suppose  that  they  would  have  employed  this  declara- 
tion to  support  the  practice,  if  they  could  have  done  so 
without  violating  the  text?  And  yet  they  have  it,  when 
literally  rendered,  as  follows:  "Whoso  sheddeth  man's 
blood,  for  his  blood,  (i.  e.  the  blood  of  the  slain,)  will  have 
his  own  shed." 

Not  only  the  Septuagint,  but  Wickliffe  and  the  Vul- 
gate omit  the  words  "  by  man."  The  Samaritan  version 
has  it :  "For  the  man  his  blood  will  be  shed."  While 
the  Latin  version  has  it:  "Whoso  sheddeth  human  blood, 
his  blood  will  be  shed."  Martini's  Italian  version  has 
it:  "Whoso  sheds  human  blood,  his  blood  will  be  shed," 
not  mentioning  the  instrument  by  which  the  bloody 
work  will  be  accomplished,  and  like  the  others,  giving 
the  genera?  form.  "The  French  Bible  in  common  use, 
and  which  is  distributed  by  our  Bible  societies,  has  it: 
'Who  will  shed  the  blood  of  man  in  man,  his  blood  will 
be  poured  out;'  making  the  'beth-adam'  of  the  He- 
brew to  refer  to  the  mode  of  the  first  life-taking,  and  not 
to  the  agent  in  the  second.  Swedenborg  also  renders  it: 
'  He  who  sheds  the  blood  of  man  in  man,  his  blood  shall 
be  shed' — placing  the  comma  after  'in  man,'  as  in  the 
French.  Paschal  quotes  it:  'Whoso  sheddeth  human 
blood,  his  blood  will  be  shed;'  and  adds — '  This  general 
prohibition  takes  from  man  all  power  over  the  life  of 
man.'  Cahen,  the  director  of  the  Hebrew  school  in 
Paris,  who  not  long  since  published  a  new  version  of  the 


116  THE   BIBLE   ARGUMENT   CONTINUED. 

Old  Testament,  also  uses  tlie  future  indicative^  'will  be 
shed.'" 

A  writer  in  the  Democratic  Review^  gives  a  learned 
criticism,  showing  the  obscurity  of  our  common  transla- 
tion, and  what  has  to  be  assumed  by  the  translators  to 
give  the  text  the  form  and  signification  with  which  it  is 
clothed  as  it  comes  to  us.     He  says : 

"Although  the  question  is  one  of  criticism,  it  may, 
however,  be  made  plain  enough  to  the  unlearned,  as  well 
as  to  the  more  scholarly  reader.  What  is  the  literal 
rendering  of  the  Hebrew  of  the  sixth  verse  of  Genesis, 
ix  ?  This  is  the  first  question.  Simply  this  :  '  Shed- 
ding blood  of  man  in  man  his  (or  its)  blood  will  be 
shed.'  No  one  will  dispute  this.  Now,  in  order  to  con- 
vert this  into  the  common  English  version,  three  things 
have  to  be  assumed  on  the  strength  of  some  right  or 
authority,  which,  wherever  it  may  reside,  it  is  very  cer- 
tain does  not  belong  to  the  Hebrew  itself.  Namely : 
1st.  The  participle  '  shedding,''  is  not  only  made  per- 
sonal and  masculine,  but  it  is  confined  to  the  person- 
al and  masculine  sense,  in  the  words  '  whoso  sheddeth.' 
2nd.  The  verb,  which  in  the  original  is  the  simple  future 
tense,  so  as  to  be  rendered  in  Latin  effunditur,  and  in 
English  'will  be  shed,'  must  receive  an  imperative  sense 
BO  as  to  be  read  ^ shall  he  shed.'  And  3dly.  The  expres- 
sion which  is  literally  'in  man,'  in  the  original,  must  be 
made  to  denote  agency,  by  selecting  and  assigning  to  the 
preposition  employed,  only  one  of  its  various  meanings, 
so  as  to  be  converted  into  'by  man.'  It  is  only  after 
the  performance  of  this  triple  process  that  the  original 
Hebrew  (of  which  we  have  given  above  a  literal  render- 
ing) becomes  translated,  or  rather  transformed,  into  the 
common  English  reading  of  our  Bible. 

«  March,  1843:  page  228. 


COVENANT    WITH  NOAH.  117 

"  Respecting  the  future  form  of  the  verh^  however,  we 
deny  most  emphatically  that  our  opponents  have  any 
right  or  reason  to  claim  for  it  any  necessary  imperative 
force.  Do  they  deny  the  fact  ?  No.  But  they  say,  as 
there  is  no  third  -^qy^oh  imperative  \n  the  Hebrew,  ih.e  fu- 
ture has  to  be  used  when  it  is  desired  to  express  that  sense. 
The  word  may^  undoubtedly,  be  so  rendered  if  we  choose, 
but  it  is  not  necessary  to  do  it  so.  Because  the  future 
form  may  sometimes  be  rendered  imperatively,  must  it  al- 
ways be  ?  Are  may  and  must  identical  ?  For  one  in- 
stance of  the  imperative,  ten  can  be  pointed  to,  of  the  sim- 
ple and  proper  future  tense 

"Our  position  on  this  point  cannot  be  shaken;  no 
scholar,  no  candid  reasoner,  can  dispute  it — namely,  that 
there  is  not  necessarily  anything  imperative  in  the  use  of 
the  Hebrew  verb  here  used,  and  that  it  may  as  well  be 
rendered  ^will  be  shed,'  (denunciatory  or  declaratory) — 
or  ^may  he  shed,'  (permissively.)  To  give  it  the  imperative 
sense,^nd  then  claim  our  obedience  as  a  command,  is  not 
only  to  beg  the  whole  question,  but  even  imperatively  to 
clothe  in  the  garb  of  divine  authority,  that  which  is  the 
mere  imposture  of  human  assumption.  The  present  appli- 
cation of  it  may  be  fairly  compared  to  an  act  of  forging 
a  sovereign's  signet  to  a  death-warrant." 

Le  Clerc,  who  is  excellent  authority,  also  tells  us  that 
the  translation  "by  man,"  should  have  been  ^'^ among 
men."  "  Whoso  sheddeth  man's  blood,  Ms  blood  will  be 
shed  among  men."  "  This  is  the  natural  consequence  of 
bloody  deeds."  He  adds:  " Homicides  suffer  a  retribu- 
tive punishment  for  their  crime,  whether  they  fall  into 
the  hands  of  the  law,  or  by  the  providence  of  God,  they 
generally  perish  by  some  violent  death." 

Professor  T.  C.  Upham,*  of  Bowdoin  College,  Maine, 

*  A  Presbyterian  or  Congregationalist  in  sentiment. 


118  THE    BIBLE   ARGUMENT    CONTINUED. 

one  of  the  first  Hebrew  scholars  in  the  country,  says, 
that  "  the  passage  may  be  read,  '  Whoso  sheddeth  man's 
blood,  by  man  will  his  blood  be  shed.'  "  He  adds  that 
the  expressions  are  "  obviously  not  to  be  understood  as  a 
command,  authorizing  and  requiring  every  one,  by  his 
own  act,  and  in  his  own  person,  to  put  to  death  any  and 
every  other  individual  who  has  been  guilty  of  murder. 
Such  an  interpretation  would  fill  the  world  with  violence 
and  confusion."  He  also  says:  "  We  regard  it  as  mere- 
ly expressive  of  a  great  retributive  fact  in  nature,  and  in 
the  overruling  providence  of  God,  that  he  who  designedly 
and  wickedly  takes  human  life  shall,  assuredly,  in  some 
way  or  other,  meet  with  severe  punishment,  and  will 
probably  come  to  a  violent  end."f 

"  The  mark  of  Cain  is  stamped  upon  murderer.«,  and 
Ihey  are  lost  and  ruined  men,  even  if  the  civil  mag- 
istrate does  not  touch  them.  x\ll  nature  frowns  upon 
them ;  the  very  stones  cry  out ;  some  perish  by  quarrels 
in  the  streets ;  some  seek  a  refuge  on  the  ocean  atid  are 
drowned;  some  are  put  to  death  by  their  fellow  men  from 
feelings  of  revenge;  some  are  killed  in  war;  some  put 
themselves  to  death  by  violent  means;  some  die  of  pure 
remorse  and  anguish  of  spirit;  and,  in  one  way  or  other, 
as  sure  as  there  is  a  God  in  heaven,  who  requires  the 
blood  they  have  shed  at  their  hands,  they  all,  sooner  or 
later,  come  to  a  miserable  end." 

Never  were  truer  words  than  these,  or  more  in  harmo- 
ny with  the  express  declarations  of  heaven.  "God  is  not 
mocked;  for  whatsoever  a  man  soweth  that  shall  he  also 
reap."  The  history  of  the  world  from  the  beginning  at- 
tests to  the  truth  of  this  declaration.  Many  facts  that 
have  come  under  our  own  observation,  and  others  drawn 
from  history,  both  sacred  and  profane,  might  be  given  in 

t  Manual  of  Peac©,  page  219. 


COVENANT   WITH   NOAH.  119 

illustratiou,  had  we  space.  Read  the  Old  Testament  his- 
tory, and  mark  the  course  and  end  of  cruel  and  blood- 
thirsty kings  and  others,  and  you  will  be  astonished  to 
find  how  large  a  number  died  of  violent  deaths;  and, 
therefore,  how  true  is  the  declaration,  "  Whoso  sheddeth 
man's  blood,  by  man  will  his  blood  be  shed." 

In  illustration  of  this  general  truth.  Rev.  Mr.  Spear,  df 
Boston,  in  his  Essays  on  the  Death  Penalty,  gives  a 
striking  account,  taken  from  some  English  work,  of  the 
murder  of  an  exciseman,  on  the  southern  coast  of  Eng- 
land, "  that  was  barbarously  beaten  to  death  in  the  pres- 
ence of  his  wife  and  children,  who  were  deterred  from 
giving  any  alarm  by  two  of  the  gang,  who  stood  over 
them  with  a  pistol  at  each  of  their  heads."  This  was 
seventy  years  ago.  "  The  government  offered  a  large 
reward  for  the  apprehension  of  the  murderers,  but  no 
tidings  were  obtained  of  them  for  twenty-Jive  years.  At 
about  that  time  the  minister  of  Symington  Church  was 
sent  for  by  a  man  on  his  death-bed,  and  this  man  con- 
fessed that  he  was  the  thirtieth  man  of  the  gang  who  had 
murdered  Bursey;  that  he  stood  watch  at  the  garden 
wicket,  between  the  house  and  the  road,  to  give  the 
alarm,  if  needful,  but  had  no  further  active  hand  in  the 
murder  ;  that  the  other  twenty-nine  had  every  one  died  a 
violent  death ; — some  by  fire,  shipwreck,  battle,  frays  with 
their  companions  in  crimes,  or  some  other  means,  so  that 
of  the  whole  thirty,  no  one  but  himself  had  a  chance  to 
die  in  their  beds  or  at  their  homes.  At  the  time  of  his 
confession,  the  writer  was  in  the  neighborhood  of  Sym- 
ington, and  had  the  facts  from  the  minister  who  re- 
ceived the  dying  man's  confession." 

Such  are  the  proofs  we  are  able  to  adduce  to  support 
the  views  advanced  concerning  the  true  meaning  and  in- 
tent of  this  declaration  to  Noah. 


120  THE   BIBLE   ARGUMENT   CONTINUED. 

We  would  add  here,  that  many  critics  entitled  to  equal 
credit  for  learning  and  piety,  with  those  we  have  men- 
tioned, translate  the  words  "whoso,"  referring  to  maUy  by 
the  term  whatsoever,  referring  to  the  beast;  and  contend 
that  the  declaration  is  not  that  the  blood  of  man  shall  be 
shed  for  the  crime  of  killing,  but  that  man  shall  destroy 
the  beast  who  kills.  Michaelis  renders  it:  "  Whatsoever 
sheddeth  man's  blood,  his  blood  shall  be  shed."  Rev.  E. 
H.  Chapin,'!^  in  a  series  of  lectures  in  Boston,  a  few  years 
ago,  on  the  Death  Penalty,  takes  this  view  of  the  passage : 
*'  I  am  inclined  to  the  opinion,"  says  he,  "that  we  find 
the  true  meaning  of  this  text  in  the  translation,  '  What- 
soever  sheddeth  man's  blood,  by  man  shall  its  blood 
be  shed.'  This  translation  is  well  authorized  and  sup- 
ported. Thus  rendered,  it  extends  the  sanctity  of  hu- 
man life,  even  to  the  heast,  and  accords  with  the 
context.  "  And  surely  your  blood  of  your  lives  will  I 
require;  at  the  hand  of  every  man;  at  the  hand  of  every 
man's  brother  will  I  require  the  life  of  man.  Whatso- 
ever  sheddeth  man's  blood,  by  man  shall  its  blood  be 
shed,  for  in  the  image  of  God  made  he  man."  .... 
"  The  great  idea  inculcated  here,  is  the  sacredness  of  the 
onysterious  principle  of  life.  Even  in  the  beast  it  was  to 
be  respected ;  the  life  thereof,  which  is  the  blood,  was 
not  to  be  eaten.  But  should  the  beast  violate  that  prin- 
ciple of  life  in  man,  by  shedding  his  blood,  man  was  to 
shed  the  blood  of  the  beast,  in  order  to  demonstrate  the 
sanctity  of  that  which  was  made  in  the  image  of  God^ 
But,  says  Grod,  "  at  the  hand  of  every  man's  brother, 
will  /,"  not  shall  man — not  shall  a  court  of  justice — but 
"will /require  the  life  of  man." 

"The  penalty,  here,"   continues  Mr.  Chapin,  "is  not 
with  man,  but  with  God,  ....  for  in  the  case  of  man's 

*  An  eminent  XJniversalist  clergyman  of  New  York  city. 


COVENANT    WITH    NOAH.  121 

murder,  not  only  is  the  sacred  principle  of  life  violated, 
but  the  image  of  God  in  man  is  desecrated." 

There  is  reason  in  this  interpretation.  God  required 
the  life  of  Abel  at  the  hand  of  Cain,  for  Cain  had  dese- 
crated the  image  of  God,  and  violated  the  principle  of  life 
in  his  brother.  Still  Cain  was  not  executed,  for  this  wa& 
not  the  kind  of  requital  that  God  demanded,  as  it  would 
have  been  but  a  repetition  of  the  offense — a  desecration  of 
another  image,  and  a  violation  of  another  life.  The 
muderer  was  called  to  an  account,  and  the  Lord  settled 
it  with  him  in  his  own  way.  So  he  does  with  every  one 
who  violates  his  image  in  man.  "  Vengeance  is  minCy 
saith  the  Lord ,  1  will  repay."  It  is  our  business  to 
guard  the  murderer,  from  committing  greater  depreda- 
tion on  society.  God  will  see  that  his  punishment  is 
sufficiently  severe.  Was  it  not  thus  with  Cain  ?  In  cold 
blood  had  he  wantonly  slain  a  kind-hearted  brother  with- 
out provocation,  and  behold  how  he  sinks  in  wretched- 
ness and  ruin,  a  miserable  vagabond  and  outcast  on 
God's  earth.  Shunned  and  forsaken  of  all  men,  no  won- 
der he  exclaims,  "  My  punishment  is  greater  than  I  can 
bear!"  Surely  "the  way  of  the  transgressor  is  hard, 
and  "  there  is  NO  rest  to  the  wicked^  saith  my  God." 
Men,  even  Christians^  are  sometimes  inclined  to  contra- 
dict God,  and  say  that  the  way  of  the  sinner  is  easy,, 
pleasant  and  delightful ;  whilst  the  path  of  the  virtuous 
is  hard,  barren,  and  cheerless.  And  so  they  would  visit 
the  criminal  with  vengeance,,  declaring  that  if  there  were 
no  whips,  or  prisons,  or  dungeons,  or  gibbets,  that  there 
would  h^  no  punishment.  Ah!  how  little  such  persons 
confide  in  the  wisdom  and  positive  declarations  of  Him . 
who  knoweth  the  condition  of  all  hearts,  and  who  hath 
said,  "  the  wicked  are  like  the  troubled  sea  when  it  can- 
not resly  whose  waters  cast  up  mire  and  dirt."  Is  there^ 
11 


122  THE    BIBLE    ARGUMENT    CONTINUED. 

no  punishment  in  remorse?  Can  the  murderer  run  away 
from  his  own  conscience  ?  Is  not  his  soul  like  the 
troubled  sea  ?  Has  he  not  kindled  the  fires  of  hell  with- 
in him,  which  many  waters  cannot  drown  ?  Is  his  rest 
upon  his  pillow  sweet,  and  with  a  soul  overwhelmed  in 
guilt,  does  he  not  '•  flee  when  no  man  pursueth?"  Why, 
then,  should  Christians  entertain  this  strong  desire  to 
visit  the  criminal  with  vengeance,  and  dabble  with  their  own 
fingers  in  his  blood,  lest  he  escape  a  "just  recompense  of 
reward?"  Cannot  they  fasten  him  securely  with  strong 
chains  and  bolts  and  bars  in  his  stone  prison,  and  trust 
to  Him  "who  cannot  lie,"  when  he  afiirmsthat,  "though 
hand  join  in  hand,  the  wicked  shall  not  he  tinpumshedf 

This  is  the  doctrine  in  which  we  should  educate  our 
children,  and  which  we  should  teach  at  the  fire-side,  in 
the  street,  at  our  place  of  business,  in  the  pulpit,  at  the 
bar,  in  the  halls  of  legislation,  and  everywhere:  that  while 
human  life  is  sacred — while  the  image  of  God  in  man 
should  never  be  desecrated,  even  in  the  murderer,  the 
power  over  human  life  being  the  sole  prerogative  of  Him 
who  gave  it — it  is  impossible  for  the  ofi"ender  to  go  un- 
punished. Let  society  everywhere  be  impressed  with 
this  undeviating  truth — this  eternal  law  of  Grod — that 
"violence  begets  violence,"  while  kindness  and  clemency 
alone  will  kill  revenge,  and  melt  and  subdue  the  heart — 
and  more  will  be  accomplished  in  a  single  year  for  the 
suppression  of  crime,  and  the  purity  and  safety  of  society 
than  was  effected  during  the  whole  reign  of  Nero  the 
tyrant,  with  all  his  dreadful  severity  and  cruelty,  his 
chains,  racks,  dungeons,  gibbets,  fires  and  other  engines 
of  torture  and  destruction. 

Such,  then,  are  our  views  with  reference  to  this  noted 
passage  in  Genesis.  We  cannot  deem  it  a  command  upon 
which  the  penal   code  of  nations  should  rest,  requiring 


THE   CODE   OF   MOSES.  123    V--^ 

blood  for  blood  to  tbe  end  of  time,  even  allowing  it  the 
common  interpretation.  It  was  addressed  to  no  govern- 
ment, but. to  an  individual  in  the  early  ages  of  the  world. 
God  did  not  himself  regard  it.  More  than  2200  years  of 
the  world's  history  passed  away  before  it  was  enforced; 
and  since,  in  millions  of  instances,  where  the  offender  was 
guilty  of  murder,  it  was  not  regarded.  It  may  be  a  war- 
rant for  "the  avenger  of  blood,"  the  nearest  relative  of 
a  murdered  man,  to  kill.  This  is  the  most  that  can  be 
claimed  for  it.  But  let  any  man  attempt  to  obey  that 
custom  now,  and  he  would  be  arrested,  convicted,  and 
executed  for  murder. 

THE    CODE    OF    MOSES. 

But  by  this  time  the  reader  is  impatient  to  inquire  of 
the  writer  if  he  has  forgotten  that  God  gave  a  law  to 
Moses ;  and  if  he  is  not  aware  that  the  principle  of  the 
declaration,  "Whoso  sheddeth  man's  blood,  by  man 
shall  his  blood  be  shed,"  was  incorporated  into  that  law, 
and  that  this  law  must  be  still  binding  on  us  under  the 
Christian  dispensation,  for  Christ  himself  said,  "Think 
not  that  I  am  come  to  destroy  the  law  or  the  prophets ; 
I  am  come  not  to  destroy,  but  to  fulfil.  For  verily  I  say  « 
unto  you,  till  heaven  and  earth  pass,  one  jot  or  one  tittle 
shall  in  no  wise  pass  from  the  law  till  all  be  fulfilled."* 

We  are  not  unaware  of  the  existence  of  the  Levitical 
code,  and  are  ready  to  grant  that  the  Death  Penalty  was 
clearly  embodied  in  its  demands.  But  our  questioner 
would  do  well  to  notice  that  it  required  life  for  other 
crimes  beside  that  of  murder.  Let  him  examine  the  fol- 
lowing catalogue  of  offenses,  all-  of  which  were  recognized 
as  capital,  and  punished  with  death  by  the  law  of  Moses, 
and  then  answer  if  every  '■'■jot  and  tittle'^  of  that  law  is  still 

*  Matthew  5:  18. 


124  THE   BIBLE   ARaUMENT   CONTINUED. 

binding  on  Christians  in  the  middle  of  the  Nineteenth 
Century.  It  was  carefully  prepared  by  Mr.  Spear  of 
Boston,  who  in  introducing  it  into  his  "  Essays  on  the 
Death  Penalty,"  says  :  "  It  is  remarkable  that  no  writer 
with  whom  we  have  met  has  performed  this  labor.  "We 
feel  that  it  will  do  more  to  settle  the  question  of  its  adop- 
tion by  any  civilized  community  than  all  other  consid- 
erations." 

CAPITAL    OFFENSES   IN   THE    MOSAIC    CODE. 

Murder, Exodus,  xxi.  12 

Kidnapping, " 

Eating  leavened  bread  during  the  Passover,  " 

Suffering  an  unruly  ox  to  be  at  liberty,  if  he  kill; 
the  ox  also  to  be  stoned,       .         .         .         .     " 

Witchcraft, " 

Beastiality,  the  beast  put  to  death,        .        .        *• 

Idolatry, 

Oppression  of  Widow  and  Fatherless,        .         .  ** 
Compounding  holy  ointment,  or  putting  it  on  any 

stranger, .     " 

Violation  of  the  Sabbath " 

Smiting  of  father  or  mother,         ..." 

Sodomy Lev. 

Eating  the  flesh  of  the  sacrifice  of  peace-offer- 
ings with  uncleanness,  ,  .  .  .  " 
Eating  the  fat  of  offered  beasts,  .  .  .  " 
Eating  any  manner  of  blood,  ..." 
Offering  children  to  Moloch,  .  .  .  *' 
Eating  a  sacrifice  of  peace-offering,  .  .  " 
Screening  the  idolater,         ....  ** 

Going  after  familiar  spirits  and  wizards,         .         " 
Adultery,  [both  parties,  if  female  married,  and 

not  a  bond-maid,] *' 

Incest,  [three  kinds,]         ....  " 

Cursing  of  parents, " 

Unchastity  in  a  priest's  daughter,        .         .        " 


<< 

16 

xii. 

15 

xxi. 

29 

xxii. 

18 

♦< 

19 

« 

20 

it 

22 

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33 

xxxi. 

14 

xxi. 

15 

XX. 

13 

vii. 

20 

(( 

25 

(( 

27 

XX. 

,    2 

xix. 

8 

XX, 

4 

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xxi. 

d 

THE   CODE   OF   MOSES.  125 

Blasphemy, Lev.    xiv.  16 

Stranger  coming  nigh  the  tabernacle,         .       Numbers    i.  51 
Coming  nigh  the  priest's  office,         .         .         .     "  iii.  10 
Usurping  the  sacerdotal  functions,        .         ,        *'  iv.  20 
Forbearing  to  keep  the  passover,  if  not  jour- 
neying,         "           ix.  13 

Presumption,  or  despising  the  word  of  the  Lord,  *'         xv.  30 
Uncleanness,  or  defiling  the  sanctuary  of  the 

Lord, «         xix.  13 

False  pretension  to  the  character  of  a  divine 

messenger, Deut.     xiii.     5 

Opposition  to  the  decree  of  the  highest  judic- 
ial authority, "       xvii.  12 

Unchastity  before  marriage,  when  charged  by 

a  husband,  ..,..."  xxii.  13 
Here  is  the  Levitical  catalogue  of  offenses  punishable 
with  death  by  the  law  of  Moses.  To  those  in  our  day 
whose  hearts  are  chastened  by  the  grace  of  Christ,  and 
who,  therefore,  pity  the  sinful,  and  would  "save"  and 
not  "  destroy  men's  lives,"  it  looks  dark  and  cruel.  The 
thunderings  of  Sinai  are  heard  in  it — smoke  and  light- 
ning, and  mutterings  of  wrath  are  mingled  with  its  fear- 
ful demands.  And  the  modes  of  killing  described  were 
equally  cruel.  Stoning  and  the  sword — afterward  de- 
capitation, sawing  asunder,  strangulation  and  crucifixion 
were  the  methods. 

We  have  presented  this  code,  thus  in  detail,  that  the 
objector,  especially  the  Christian  objector,  who  is  ever- 
lastingly harping  on  the  "  requisitions  of  GtOd's  law," 
and  the  necessity  of  our  walking  "  by  the  light  of  that 
law,"  may  know  just  what  it  is,  what  it  demands,  what 
amount  of  light  there  really  is  in  it,  and  whether  it  is 
binding  on  us  upon  whom  the  "sun  of  righteousness  has 
arisen  with  healing  in  his  beams." 

Now,  if  the  Christian  stickler  for  the  gallows  contends 


126  THE   BIBLE    ARGUMENT    CONTINUED. 

that  Christ  did  not  abrogate  "one  jot  or  tittle"  of  the 
foregoing  code,  but  came  to  render  it  positively  more 
binding,  then  it  comes  to  us  entire^  and  we,  as  the  fol- 
lowers of  Christ,  are  under  the  necessity  of  taking  it  to 
our  hearts  as  it  is,  and  of  making  it  the  law  of  the  land 
in  which  we  chance  to  reside,  whether  it  be  in  a  highly 
civilized  society,  or  among  barbarians.  We  contend  that 
this  is  the  only  alternative.  There  is  no  other.  Do  you 
say  that  the  criminal  law  of  Moses  was  sanctioned  by 
Christ,  and  is  still  binding  on  society?  then  we  say  you 
must  take  the  entire  IsiW.  "He  that  smiteth  father  or 
mother  shall  surely  he  put  to  death.' '^  This  is  the  declar- 
ation of  Moses.  Incorporate  it  into  your  own  penal 
code,  and  you  must  do  it  if  you  are  a  follower  of  Moses. 
"He  that  curseth  father  or  mother  shall  surely  he  put  to 
death.'" "^  So  says  the  Levi tical  law.  "He  that  steal eth 
a  man  and  selleth  him,  or  if  he  be  found  in  his  hand, 
shall  surely  he  put  to  death.^'X  This  is  the  demand  of  the 
Mosaic  code.  It  also  required  the  life  of  the  offender 
for  kindling  a  fire,  or  gathering  sticks  on  the  Sabbath. 
Is  not  this  law,  "one  jot  or  tittle"  yet  abrogated?  Then 
blot  out  the  penal  code  of  your  own  statute  book  and 
inscribe  this  in  its  place.  "  Ye  shall  not  alHict  any  wid- 
ow or  fatherless  child.  If  thou  afflict  them  in  anywise, 
and  they  cry  at  all  unto  me,  I  will  surely  hear  their  cry, 
and  my  wrath  shall  wax  hot,  and  I  will  kill  you  with  the 
sword ;  and  your  wives  shall  be  widows,  and  your  children 
fatherless."  1 1  Take  care,  fellow  Christian;  you  are  in 
danger,  if  this  declaration  reaches  to  our  time.  How 
many  hard-hearted,  cruel  men — yea,  Christian  men,  if  a 
strict  observance  of  the  rites  and  ceremonies  of  religion 
will  make  them  so — are  ardent  supporters  of  the  gallows 

«  Exodus  21:  15.  tlbid21:17. 

X  Jbid  21:  16.  \  Ibid  21:  24—25. 


THE    CODE   OF    MOSES.  127 

/or  murder^  on  the  ground  that  the  law  of  God  demands 
life  for  life,  while  they  themselves^  "afflict  the  widow  and 
fatherless,"  trample  upon  their  rights,  and  rob  them  of 
their  lawful  patrimony,  and  never  dream  that  they  have 
violated  the  same  law,  and  are,  therefore,  worthy  of  the 
halter.  "  Thou  shalt  give  life  for  life,  eye  for  eye, 
tooth  for  tooth,  hand  for  hand,  foot  for  foot,  burning  for 
burning,  wound  for  wound,  stripe  for  stripe."  So  said 
Moses,  fifteen  hundred  years  before  Christ,  and  so  should 
the  Christian  minister,  and  the  Christian  Church  in  the 
middle  of  the  nineteenth  century  declare,  if  not  one  "jot 
or  tittle  "  of  the  Levitical  law  is  abrogated. 

Here,  then,  is  the  unavoidable  position  of  the  man 
who  upholds  the  Death  Penalty,-  on  the  ground  that 
the  law  of  Moses  sanctioned  it.  He  must  take  the  entire 
law.  Go  back  to  Moses,  then,  if  you  will,  fellow  Chris- 
tian, and  at  the  foot  of  the  thundering  Sinai,  plant  your- 
self on  that  old  code,  and  plead  for  the  continuance  of 
the  gallows,  on  its  authority ;  but  remember  that  you 
must  use  it  on  other  criminals  beside  the  murderer.  You 
must  write  down  in  your  statute  book:  "  Death  for  him 
who  violates  the  Sabbath ;  and  for  him  who  profanes  the 
name  of  God;  and  for  him  who  afflicts  the  widow  or  fath- 
erless; and  for  him  who  desecrateth  the  sanctuary  of 
God;  and  for  him  who  goeth  after  any  God  but  the  true 
God ;  and  for  him  who  communeth  with  a  familiar 
spirit."  Let  all  this  be  written  down  in  the  penal  codes 
of  our  States,  as  it  must  be,  if  not  "  one  jot  or  tittle"  of 
the  law  is  abrogated,  and  it  would  probably  bring  our 
Christian  people,  who  are  so  great  sticklers  for  that  law, 
to  their  senses. 

The  opposer  may  say,  now,  that  so  much  as  demands 
death  for  the  murderer  is  binding,  and  no  more.  But  what 
right  have  you  to  say  this?     By  what  rule  of  propriety 


I2S  THE    BIBLE    ARGUMENT    CONTINUED. 

oi*  reason,  can  you  select  from  the  code  of  Moses,  what- 
ever your  whim  may  choose  to  dictate,  and  throw  the  rest 
away?  Did  you  not,  just  now,  quote  from  Christ,  "Verily 
I  say  unto  you,  till  heaven  and  earth  pass,  one  jot  or  one 
tittle  shall  in  no  wise  pass  from  the  law  till  all  be  ful- 
filled ?"  On  the  same  ground  that  you  can  dispense  with 
apart  of  the  law,  we  can  dispense  with  the  whole. 

It  will  be  seen  by  the  foregoing  catalogue,  that  the 
Mosaic  code  contained  thirty-four  capital  offenses.  The 
opposer  strikes  off  thirty-three  without  hesitation,  as  not 
binding,  and  retains  the  remaining  one  as  binding. 

Having  presented  the  demands  of  the  Levitical  law, 
and  shown  pretty  conclusively,"  we  think,  that  it  must  be 
surrendered  by  the  opposer  as  untenable,  not  affording 
any  just  grounds  of  argument  for  the  gallows,  it  becomes 
necessary,  to  a  full  understanding  of  the  subject,  that  a 
word  of  explanation  be  offered  to  harmonize  what  may 
appear  to  the  casual  or  thoughtless  reader,  as  a  contra- 
diction in  the  teachings  of  Christ,  concerning  the  Mosaic 
law;  he  declaring  on  some  occasions,  that  he  was  "the 
end  of  the  law,"  and  on  others,  that  he  "came  not  to  de- 
stroy but  to  fulfil  it." 

It  may  be  well  to  notice  here,  an  error  into  which 
many  Christians — some  of  them  intelligent  Christians — 
sometimes  fall,  viz  :  they  not  unfrequently  confound  the 
declaration  to  Noah,  with  the  Levitical  law,  thinking 
that  they  are  one  and  the  same.  This  is  a  mistake. 
The  covenant  was  made  with  Noah,  as  we  have  seen,  in 
the  year  of  the  world  1657 ;  but  the  decalogue,  or  ten 
commandments,  and  the  general  laws  for  the  regulation 
of  the  Hebrews  under  Moses,  were  not  given  till  the  year 
of  the  world,  2513,  or  nearly  a  thousand  years  after  the 
ark  rested  upon  the  mountain,  and  the  bow  spanned  the 
heavens,  in  token  of  the  covenant  with  every  living  thing. 


THE   CODE   OF   MOSES.  129 

To  reconcile  the  apparent  contradiction  to  which  we 
hsLYe  alluded,  it  is  necessary  to  understand  that  the  law 
of  Moses  was  not  a  unit,  embracing  but  a  single  design, 
but  was  rather  threefold  in  its  nature  and  application, 
and  was  divided  in  the  following  order,  viz:  the  Moral, 
the  Penal,  and  the  Ceremonial;  the  first  embracing  the  ten 
commandments,  written  on  the  tables  of  stone ;  the 
second  relating  to  penal  jiirisprudence,  or  the  punishment 
of  crime ;  and  the  third  relating  to  the  rites  and  ceremo- 
nies connected  with  the  Jewish  worship. 

Now,  the  MORAL  LAW  of  Grod  can  never  be  annulled. 
It  is  founded  in  justice  and  the  nature  of  things,  and  can 
no  more  be  abrogated  than  the  centripetal  and  centrifu- 
gal forces,  which  regulate  the  courses  of  the  heavenly 
bodies.  In  the  decalogue,  idolatry,  profanity,  blasphe- 
my, profanation  of  the  Sabbath,  disobedience  to  parents, 
destroying  human  life,  the  cultivation  of  revengeful  pas- 
sions, riot,  excess,  drunkenness,,  gluttony,  slothfulness, 
superstition,  mortifications,  self-denials,  adultery,  theft, 
cheating,  withholding  of  men's  rights,  rapine,  robbery, 
murder,  perjury,  covetousness,  and  every  conceivable 
wrong  and  injustice  are  condemned  and  forbidden.  Not 
in  so  many  words,  it  is  true,  but  really  in  the  application 
of  the  principles  involved  in  the  decalogue.  And  why 
are  they  forbidden,  and  why  are  the  principles  involved 
in  the  decalogue  eternal?  Because  sin  is  the  worst 
enemy  of  man;  and  because  an  adherence  to  the  moral 
law  of  Him  who  is  infinite  in  wisdom,  will  protect  man 
from  this  subtle  enemy,  and  guard  him  safely  in  the 
ways  of  virtue,  and  therefore  in  the  way  of  happiness. 
"  Thou  shalt  not  kill."  "  Thou  shalt  not  steal."  "  Thou 
shalt  not  commit  adultery."  "  Thou  shalt  not  bear  false 
witness  against  thy  neighbor."  And  why  not?  Because 
these  acts  are  in  their  nature  unjust;  and  wrong,  because 


idd 


THE   BIBLE    ARGUMENT   CONTINUED. 


they  are  unjust.  Millions  of  men  and  women  believe 
that  they  can  violate  these  moral  commandments,  and 
Buffer  no  unhappy  consequences.  But  how  false  and 
fallacious  this  hope.  God's  law,  whether  it  regulates  the 
material  or  the  spiritual,  cannot  be  violated  with  impuni- 
ty. Can  a  man  bury  himself  in  the  sea  and  not  drown  ? 
or  throw  himself  upon  the  flames  and  not  burn  ?  Neither 
can  he  become  a  thief,  or  robber,  or  drunkard,  or  liar,  or 
debauchee,  and  not  suffer  the  wretched  consequences. 

The  moral  law  of  God,  then,  still  remains.  It  is  yet 
in  full  force.  Christianity  abrogates  no  moral  duty,  but 
it  defines  all  duty  more  clearly,  sanctions  it,  and  strength- 
ens its  hold  upon  the  affections  of  the  human  soul.  The 
commandment,  "  Thou  shalt  not  kill,''  was  proclaimed 
anew  by  Christ,  in  the  declaration,  "  Thou  shalt  love  thy 
neighbor  as  thyself."  There  is  not  a  principle  of  moral 
duty  embraced  in  the  decalogue  which  was  not  adopted 
and  reiterated  again  and  again  by  Christ  and  his  apostles. 

Now,  it  was  to  this  fact — the  fact  that  he  came  not  to 
release  men  from  any  moral  obligation  imposed  by  the 
Scriptures,  which  God  had  previously  given,  and  also  to 
the  fact  that  all  the  types  and  shadows  of  the  ancient 
law  were  fulfilled  in  him — that  Christ  referred  to  when  he 
said:  "Think  not  that  I  am  come  to  destroy  the  law  or 
the  prophets.  I  am  not  come  to  destroy,  but  to  fulfil. 
For  verily  I  say  unto  you,  till  heaven  and  earth  pass,  one 
jot  or  one  tittle  shall  in  no-wise  pass  from  the  law  till  all 
be  fulfilled."  Did  he  mean  to  include  the  penal  and  cere- 
monial in  this  declaration?  Not  at  all.  For  he  imme- 
diately adds :  "  Whosoever,  therefore,  shall  break  one  of 
these  least  commandTnents,  and  shall  teach  men  so,  he  shall 
be  called  the  least  in  the  kingdom  of  heaven ;  but  whoso- 
ever shall  do,  and  teach  them,  the  same  shall  be  called 


THE    CODE    OF    MOSES.  131 

great  in  the  kingdom  of  heaven.  For  I  say  unto  you, 
that  except  your  righteousness  shall  exceed  the  righteous- 
ness of  the  Scribes  and  Pharisees,  ye  shall  in  no  case 
enter  into  the  kingdom  of  heaven." 

Here  he  alludes  only  to  the  moral  law  of  the  Jews, 
which  he  sanctions,  enforcing  every  "jot  and  tittle"  of  its 
demands,  and  concludes  the  declaration  by  asserting, 
that  except  the  righteousness  of  those  to  whom  he  ad- 
dressed himself;  exceed  the  righteousness  of  those  under 
the  law,  they  could  in  no  case  enter  into  his  Grospel  or 
heavenly  kingdom— ^a  kingdom  of  righteousness,  peace 
and  joy  in  the  Holy  Ghost,  which  he  came  to  set  up  and 
establish  in  the  earth.  Thus  teaching  the  superiority  of 
his  religion.  In  his  "  kingdom,"  as  we  have  seen,  no 
hatred  or  revenge  could  be  admitted,  but  only  love. 
^^  Love  is  the  fulfilling  of  the  law;"  "Love  worketh  no  ill 
to  his  neighbor."  Plainly,  then,  it  was  concerning  the 
moral  law  that  he  made  the  declaration  under  consid- 
eration. 

We  have  said  that  the  moral  law  of  God  is  founded  on 
fixed  principles,  and  cannot,  therefore,  be  abrogated  or 
changed,  but  is  eternal.  But  can  this  be  af&rmed  of  the 
criminal  code  of  any  nation  or  age?  Is  it  immutable? 
We  have  seen  what  was  the  code  of  Moses,  and  how  the 
Hebrews  were  punished  for  violating  its  requirements. 
If  a  man  was  found  gathering  sticks  on  Sunday,  he  was 
stoned  to  death.  Was  that  law  eternal?  The  wilful, 
disobedient  son  was  killed.  Was  the  law  that  required 
his  death  eternal?  Not  at  all.  All  this  may  have  been 
best  for  the  rude,  uncultivated  condition  of  the  early 
Jews,  but  not  for  us  living  under  the  noon-day  light  of 
the  Sun  of  Eighteousness.  God  did  not  design  the 
penal  code  of  Moses  for  us.     Our  education,  habits  of 


132  THE    BIBLE   ARGUMENT   CONTINUED. 

thought,  customs,  means  for  securing  and  instructing 
the  criminal,  are  all  far  in  advance  of  those  of  olden 
time.  The  command  of  Grod  to  Abraham,  was  that  he 
should  sacrifice  his  son  Isaac.  But  this  command  ex- 
tends neither  to  the  author  nor  the  reader  of  this  book. 
It  was  temporary,  and  ended  with  Abraham,  and  the 
circumstances  under  which  he  acted. 

So  with  the  penal  code  of  Moses.  It  was  temporary. 
It  demanded  of  the  Hebrews,  "eye  for  eye,  tooth  for 
tooth,  blow  for  blow,  life  for  life."  But  Christ  said,  as 
we  have  seen,  (and  he  uttered  these  divine  words  in  the 
very  sermon  where  he  made  the  declaration,  "I  am  not 
come  to  destroy^  but  to  fulfil^'")  "Ye  have  heard  that  it 
hath  been  said,  an  eye  for  an  eye,  and  a  tooth  for  a  tooth; 
but  I  say  unto  you  that  ye  resist  not  evil ;  but  whosoever 
shall  smite  thee  on  thy  right  cheek,  turn  to  him  the 
other  also.  Ye  have  heard  that  it  hath  been  said,  thou 
shalt  love  thy  neighbor  and  hate  thy  enemy ;  but  I  say 
unto  you,  love  your  enemies,  bless  them  that  curse 
you,  do  good  to  them  that  hate  you,  and  pray  for  them 
which  despitefully  use  you  and  persecute  you.*'  Here 
the  spirit  of  retaliation  and  vengeance  of  the  old  law  was 
forever  abrogated,  and  it  was  the  very  first  work  of  Christ. 
According  to  that  law,  adultery  was  a  capital  crime. 
Death  by  stoning  was  the  awful  penalty;  but  did  Jesus 
inflict  it  when  the  persecuting  Jews  endeavored  to  en- 
snare him  into  an  act  that  would  condemn  the  great 
doctrine  of  love  and  good-will  which  he  had  taught? 
By  no  means.     Look  at  the  course  of  that  lowly  Being. 

"And  the  Scribes  and  Pharisees  brought  unto  him  a 
woman  taken  in  adultery ;  and  when  they  had  set  her  in 
the  midst,  they  said  unto  him:  Master,  this  woman  was 
taken  in  adultery,  in  the  very  act.     Now,  Moses,  in  the 


THE   CODE   OF   MOSES.  133 

law   commanded   us   that  suclf  should  be  stoned,*  but 

what  sayest  thou  ?  This  they  said,  tempting  him,  that 
they  might  have  to  accuse  him.  But  Jesus  stooped 
down,  and  with^  his  finger  wrote  on  the  ground,  as  tho' 
he  heard  them  not.  So  when  they  continued  asking 
him,  he  lifted  up  himself  and  said  unto  them:  He  that 
is  without  sin  among  you,  let  him  first  cast  a  stone  at 
her.  And  they  which  heard  it,  being  convicted  by 
their  own  consciences,  went  out  one  by  one,  beginning  at 
the  eldest,  even  unto  the  last,  and  Jesus  was  left  alone, 
and  the  woman  in  the  midst.  When  Jesus  had  lifted 
up  himself  and  saw  none  but  the  woman,  he  said  unto 
her.  Woman,  where  are  those  thine  accusers?  hath  no 
man  condemned  thee?  She  said,  No  man.  Lord.  And 
Jesus  said  unto  her :  Neither  do  I  condemn  thee  ;  go  and. 
sin  no  more.^'  How  perfectly  in  harmony  was  the  deal- 
ings of  Jesus  with  this  poor,  sinful  woman,  and  the 
spirit  of  his  divine  precepts.  He  had  abrogated  the  law 
of  Moses  in  his  sermon  on  the  mount,  and  taught  kind- 
ness for  those  who  were  out  of  the  way ;  and  now,  by 
his  own  act  he  condemns  that  law,  and  shows  the  miser- 
able ofi'ender  pity  and  forgiveness.  But  would  he  have 
done  this  if  the  Mosaic  law  was  designed  for  all  time  ? 

Is  the  reader  still  in  doubt  respecting  the  abrogation 
of  the  judicial  and  ceremonial  law  of  Moses  by  Christ? 
If  so,  we  would  refer  him  to  Paul,  who  seemed  to  under- 
stand the  nature  of  the  question  perfectly.  He  says  to 
the  Hebrews :  "  The  days  come,  saith  the  Lord,  when  I 
will  make  a  new  covenant  with  the   house  of  Israel,  and 

*  The  Jewish  method  of  stoning,  according  to  the  Rabbins,  was  as  fol- 
lows :  The  culprit,  half  naked,  the  hands  tied  behind  the  back,  was  placed 
on  a  scaffold,  ten  or  twelve  feet  high.  The  witnesses  who  stood  with  her 
pushed  her  off  with  great  force  ;  if  she  was  killed  by  the  fall  there  was 
nothing  further  done;  but  if  she  was  not,  one  of  the  witnesses  took  up  a 
very  large  stone,  and  dashed  it  upon  her  breast,  which,  generally,  was  the 
coup  de  grace,  or  finishing  touch.— Dr.  Adam  Clarke. 


tB$  THE    BIBLE    ARGUMENT    CONTINUED. 

with  the  house  of  Judah^  not  according  to  the  covenant 
which  I  made  with  their  fathers,  in  the  day  when  I  took 
them  by  the  hand  and  led  them  out  of  the  land  of  Egypt ; 
because  they  continued  not  in  my  covenant,  and  I  regard- 
ed them  not,  saith  the  Lord.  For  this  is  the  covenant 
that  I  will  make  with  the  house  of  Israel,  after  those 
days,  saith  the  Lord  :  I  will  put  my  laias  into  their  minds, 
and  write  them  in  their  hearts;  and  I  will  he  to  them  a  God 
and  they  shall  be  to  me  a  people  .  .  .  for  I  will  hemerci/ul 
to  their  unrighteousness,  and  their  sins  and  their  iniquities 
will  I  remember  no  more.  In  that  he  saith  a  new  cove- 
nant, he  hath  made  the  first  old.  Now  that  which  de- 
cayeth  and  waxeth  old  is  ready  to  vanish  away.^""^  "For 
the  priesthood  being  changed,  there  is  made,  of  necessity,  a 
change  also  of  the  law.  For  there  is  verily  a  disannulling  of 
the  commandment  going  before  for  the  weakness  and  unprofi- 
tableness thereof^' f  Christ,  also,  affirmed,  saying:  ''  The 
law  and  the  prophets  were  iintil  John;  since  that  time 
the  kingdom  of  God  is  preached.^^\  And  to  make  as- 
surance doubly  sure,  we  would  say  that  Calmet,  whose 
learning  and  orthodoxy,  no  one  will  question,  remarks 
that,  "  The  law  of  Moses  is  superseded  or  abrogated  by 
the  Gospel.  Since  the  death  of  the  Messiah,  the  legal 
ceremonies  are  of  no  longer  ohligation.^^  He  also  says : 
"When  we  say  that  the  Gospel  has  rescued  us  from  the 
yoke  of  the  law,  we  understand  only  the  appointments 
of  the  ceremonial  and  judicial  law ;  not  those  moral 
precepts,  whose  obligation  is  indispensable,  and  whose 
observation  is  much  more  perfect,  and  extensive,  en- 
forced, under  the  law  of  grace,  than  it  was  under  the 
old  law.'*|| 

Thus  have  we  seen  that  there  are  no  instructions    or 

*  Hebrews  8  :  8—13.  t  Hebrews  7.  X  Luke  16: 16. 

i;  Dictionary  of  the  Bible,  page  611. 


THE    CODE    OF    MOSES.  135 

commandments  in  all  the  Bible,  that  stand  in  the  way 
of  the  abolishment  of  the  Death  Penalty.  The  judicial 
law  of  Moses,  like  all  criminal  enactments,  and  political 
institutions,  was  designed  for  a  particular  people,  in  a 
particular  age,  and  was,  therefore,  temporary,  and  not  to 
be  compared  with  "the  good  things  to  come,"  under  the 
Gospel  dispensation.  It  passed  away  when  Christianity 
was  introduced.  Jesus  was  the  "  end  of  the  law ;"  and 
he,  by  his  teachings  and  examples,  not  only  abrogated 
and  condemned  the  law  of  Moses,  and  utterly  forbid  all 
retaliation  and  vengeance  toward  those  who  are  out  of 
the  way,  but,  as  we  have  seen,  actually  demanded  of  his 
followers,  kindness  and  mercy  toward  them.  And  think 
of  it  as  we  may,  my  brother  in  Christ,  this  is  what  the 
"law  of  Jesus  "  requires  of  you,  if  you  have  entered  his 
kingdom,  and  are,  therefore,  colifesscdly,  a  subject  of  his 
government.  His  -religion  is  a  religion  of  love.  All 
the  priests,  and  ordinances,  and  types,  and  symbols  of  the 
Law  and  the  Prophets  were  fulfilled  in  him.  ''  The 
Lord  thy  God  will  raise  up  unto  thee  a  prophet  from  the 
midst  of  thee,  of  thy  brethren  like  unto  me;  unto  him  ye 
shall  hearken."  Jesus  came,  pronounced  the  censure  of 
condemnation  on  the  retaliatory  spirit  and  vengeance  of 
the  old  covenant,  and  summed  up  and  enforced  all  moral 
duty  in  two  great  commandments:  "Thou  shalt  love 
the  Lord  thy  God  with  all  thy  heart,  with  all  thy  soul, 
and  with  all  thy  mind ;  this  is  the  first  and  great  com- 
mandment ;  and  the  second  is  like  unto  it :  Thou  shaW 
love  THY  NEIGHBOR  AS  THYSELF.  On  these  two  coml. 
mandments,  hang  all  the  law  and  the  prophets.^'  His  re- 
ligion, we  repeat,  then,  is  emphatically  a  religion  of 
LOVE.  If  we  love  our  fellow  men  as  we  love  ourselves, 
how  can  we  strangle  the  life  out  of  them,  or  stone  or 
crucify  them  ?     Let  the  spirit  of  the  law  of  love  be  car- 


196  THE   BIBLE    ARGUMENT    CONTINUED. 

ried  out  in  penal  enactments,  and  we  should  have  no 
more  use  for  the  gibbet  or  hangman.  And  this  is  not 
all.  If  we  entertained  a  Christian  love  for  the  criminal, 
we  should  not  only  not  kill  him,  not  only  do  him  no  in- 
justice or  violence,  but  our  benevolence  would  prompt 
us  to  do  him  all  the  good  in  our  power.  If  he  is  dan- 
gerous when  at  liberty,  he  must  be  confined ;  but  when 
once  secured,  and  wholly  in  our  power,  all  unkindness 
and  vengeance  are  forbidden,  and  we  must  labor  for  the 
instruction  and  reformation  of  the  man.  Go  to  Christ, 
contemplate  his  acts  toward  the  sinful,  and  you  will  find 
that  the  obligations  of  his  benevolence  are  not  merely 
jproliihitory — directing  us  to  avoid  "  working  ill"  to  an- 
other— but  mandatory,  requiring  us  to  do  him  good.* 
Many  a  Christian  possesses  love  enough  for  the  criminal, 
to  cause  him  to  refrain  from  doing  him  actual  violence, 
but  not  enough  to  "  return  good  for  evil."  But  to  abstain 
from  injustice  or  violence  is  not  enough.  The  wretched 
sinner  is  our  brother.  He  is  weak,  ignorant,  it  may  be, 
at  all  events,  unfortunate.  To  be  Christ-like,  we  must  not 
"  destroy,"  but  "  save  "  him.  "Love  is  the  fulfilling  of 
the  law."  But  how  can  we  save  him  if  we  strangle  him 
while  in  his  sins  ? 

"Think  gently  of  the  erring  ! 
I        Lord  let  us  not  forget, 
I    However  darkly  stained  by  sin, 
^  I        He  is  a  brother  yet. 

,*    Heir  of  the  same  inheritance  ! 
Child  of  the  self-same  God, 
He  hath  stumbled  in  the  path, 
We  have  in  darkness  trod. 


*  This  subject  is  more  fully  discussed  in  this  volume  under  the  head  of 
"Thk  Prison." 


SCRIPTURE   OBJECTIONS   ANSWERED.  137 

Speak  gently  to  him,  brother, 

Thou  yet  may'st  lead  him  back 
With  holy  words  and  tones  of  love' 

From  misery's  thorny  track. 
Forget  not  thou  hast  often  sinned. 

And  sinful  yet  must  be; 
Deal  gently  with  the  erring  one, 

As  God  has  dealt  with  thee. 

OBJECTIONS   DRAWN   FROM   THE    CHRISTIAN    SCRIPTURES. 

1.  It  is  objected  to  the  ground  we  have  taken  in  the 
foregoing,  that  the  Christian  Scriptures  themselves  favor 
the  gallows.  Paul  said:  "Let  every  soul  be  subject  unto 
the  higher  powers.  For  there  is  no  power  but  of  God; 
the  powers  that  be  are  ordained  of  God.  Whosoever, 
therefore,  resisteth  the  power,  resisteth  the  ordinance  of 
God;  and  they  that  resist  shall  receive  to  themselves  dam- 
nation. For  rulers  are  not  a  terror  to  good  works  but 
to  the  evil.  Wilt  thou,  then,  not  be  afraid  of  the  power? 
Do  that  which  is  good,  and  thou  shalt  have  praise  of  the 
same ;  for  he  is  the  minister  of  God  to  thee  for  good. 
But  if  thou  do  that  which  is  evil,  be  afraid ;  for  he  bear- 
eth  not  the  sword  in  vain ;  for  he  is  the  minister  of  God, 
a  revenger  to  execute  wrath  upon  him  that  doeth  evil. 
.  .  .  .  Render,  therefore,  to  all  their  dues;  tribute  to 
whom  tribute  is  due,  custom  to  whom  custom,  fear  to 
whom  fear,  honor  to  whom  honor.  Owe  uo  man  any- 
thing, but  love  one  another."^ 

The  instruction  of  the  above  is  simply  this :  Let 
every  man  be  obedient  to  the  laws  of  the  civil  govern- 
ment under  which  the  providence  of  God  has  cast  his  lot. 
The  very  design  of  the  civil  government  is  to  secure  the 
order,  harmony,  defense  and  happiness  of  society,  and 

»  Rwaans  13: 1-8. 


138  THE    BIBLE    ARGUMENT    CONTINUED. 

also  the  rights  and  liberty  of  individuals.  No  nation  or 
people  can  exist  without  government  of  some  kind  ;  nor 
can  it  exist  with  any  degree  of  security,  if  individuals  to 
any  considerable  extent  trample  upon  the  laws.  No 
greater  curse  can  befall  a  nation  than  sedition  and  an- 
archy. Christianity  gives  no  lenity  to  lawlessness,  a  fact 
plainly  evident  from  the  foregoing  address  of  Paul  to  the 
Christians  in  Rome. 

In  order  to  a  more  full  understanding,  not  only  of  the 
nature,  but  the  design  of  this  instruction  at  that  particu- 
lar juncture,  and  to  that  particular  people,  it  should  be 
known  that  the  Jews  had  a  deeply  rooted  aversion  to  any 
government  but  their  own,  and  had  previously  manifest- 
ed an  uneasy  and  seditious  spirit  at  Rome  ;  so  that  by 
an  edict  of  tTie  Emperor  Claudius  they  had  been  banished 
from  the  city.  Paul  was  anxious,  not  only  to  instruct 
the  Christians  there  in  the  duty  of  obedience  to  the  civil 
government,  but  to  assure  the  Romans  themselves  that 
they  need  not  fear  insurrection  or  sedition  from  them, 
for  their  religion  positively  forbid  lawlessness,  and  en- 
forced obedience  to  "the  powers  that  be." 

But  no  one  should  ever  infer  from  this  that  Christian- 
ity, in  any  other  way,  sanctioned  and  upheld  the  cruel, 
extravagant,  and  unjust  laws  of  the  Romans  at  that  time. 
It  is  one  thing  to  be  "subject"  to  a  law,  and  quite 
another  and  a  different  thing  to  approbate  the  law  itself 
with  our  judgment.  We  should  always  endeavor  to 
enforce  and  obey  the  laws  we  have,  whether  they  are  in 
harmony  with  our  individual  sense  of  justice  and  expedi- 
ency, or  not,  for  the  reason  before  mentioned,  viz:  the 
necessity  of  government  and  the  curse  of  rebellion.  But 
this  does  not  preclude  another  duty,  which  we  owe  to 
ourselves  and  to  our  country,  of  equal  importance,  and 
that  is  to  labor  for  the  repeal  of  all  unjust  and  unchris- 


SCRIPTURE    OBJECTIONS    ANSWERED.  139 

tian  laws,  and  the  enactment  of  those  in  harmony  with 
benevolence,  and  the  true  interests  and  happiness  of 
society. 

It  is  recorded  that  when  John  Hancock*  was  govern-^ 
or  of  the  Commonwealth  of  Massachusetts  seventy-five 
years  ago,  one  "Rachael  Whall  was  hung  in  Boston  for 
highway  robbery.  Her  offense  consisted  in  twitching 
from  the  hand  of  another  female,  a  bonnet,  worth,  per- 
haps, seventy-five  cents,  and  running  off  with  it.  The 
most  urgent  applications  for  her  pardon  were  unsuccessfuV 
"I  mention  this,"  says  the  writer,  "not  to  the  disparage-* 
ment  of  the  governor.  He  doubtless  acted  from  a  sense 
of  duty,  thinking  it  best  for  the  community  that  the  laws 
of  the  land.,  however  frightfully  severe^  while  they  were  laws, 
should  be  executed.'' 

Now,  this  man  acted,  whether  wisely  or  not,  from  a 
sense  of  the  importance  of  the  principle  involved  in  the 
instruction  of  Paul,  above  mentioned.  "  Be  obedient  to 
the  powers  that  be,"  said  governor  Hancock.  They 
were  obedient,  and  this  young  girl  was  executed  on  Bos- 
ton common,  for  robbing  to  the  amount  of  seventy-five 
cents.  No  man  will  say  that  the  law  which  demanded 
the  death  of  that  girl  for  this  crime,  was  a  Christian  law, 
or  that  Christianity  forbid  its  repeal ;  on  the  contrary, 
Christianity  demands  its  repeal. 

"  Edward  Vaile  Brown  was  hung  in  Boston,  fifty  years 
ago,  for  burglary,  committed  in  the  house  of  Captain 
Osias  Goodwin,  in  Charter  street,  and  stealing  therefrom 
sundry  articles." 

"  Within  the  same  period,  a  girl  of  seventeen  was  hung 
in  London,  for  stealing  a  silver  cream  pitcher." 

"  Long  after  the  commencement  of  the  present  ceur 
tury,  eight  separate  capital  convictions  are  recorded  on  the 

*  John  Hancock  was  governor  of  Massachusetts  from  1780  to  1785, 


140  THE    BIBLE    ARGUMENT    CONTINUED. 

books  of  the  court  of  the  Old  Bailey,  London,  as  one  dai/'s 
job  of  a  single  tribunal,  the  culprits  being  all  boys  and 
girls  between  the  ages  of  fen  and  sixteen,  and  their  offenses 
petty  thefts." 

No  one  will  have  the  hardihood  to  contend  that  the 
laws  which  were  in  force  in  our  country  and  England, 
fifty  years  ago,  were  in  harmony  with  the  benevolence 
land  justice  of  the  Christian  religion;  or  that  the  instruc- 
tion of  Paul,  now  under  consideration,  prohibited  a  re- 
form. Neither  can  it  be  shown  that  it  prohibited  a  re- 
form in  the  government  or  laws  of  Rome  in  the  days  of 
the  apostle. 

The  truth  is,  Christ  had  himself,  previously,  plainly 
abrogated  the  principle  of  "  blood  for  blood,"  as  we 
have  clearly  shown,  again  and  again,  in  this  volume,  and 
given  the  law  of  love  as  the  basis  of  all  penal  enact- 
ments. And  if  the  reader  will  take  the  trouble  of  refer- 
ring to  the  connection  in  which  the  foregoing  is  found, 
he  will  there  find-that  Paul  enforces  the  Christian  prin- 
ciple in  the  very  verses  that  follow  after  what  we  have 
quoted.  After  exhorting  the  Christians  to  be  "  subject 
unto  the  higher  powers,"  he  says  :  "  He  that  loveih  anoth- 
er fulfilleth  the  law;  for  this,  thou  shalt  not  commit  adul- 
tery; THOU  SHALT  NOT  KILL;  thou  shalt  not  steal;  thou 
shalt  not  bear  false  witness ;  thou  shalt  not  covet;  and  if 
there  be  any  other  commandment  it  is  briefly  compre- 
hended in  this  saying,  viz  :  thou  shalt  love  thy  neighbor  as 
thyself.  Love  worketh  no  ill  to  his  neighbor. 
Therefore  love  is  the  fulfilling  of  the  law."* 

All  must  perceive  that  the  principle  enforced  here,  is 
perfectly  in  harmony  with  the  declarations  of  Christ, 
already  examined,  and  directly  opposed  to  the  sanguinary 
and  terribly  cruel  laws  and  customs  which  prevailed  in 

♦Romans  13:  8—10. 


SCRIPTURE    OBJECTIONS    ANSWERED.  141 

Rome  at  that  time.  So  that  while  Paul  exhorted  obe- 
dience to  the  "  powers  "  that  existed,  he  presented  the 
great  moral  principle  of  the  Gospel,  divine  and  beautiful, 
as  the  foundation  of  all  human  law.  "  Thou  shalt  love 
thy  neighbor  as  thyself"  "Love  worketh  no  ill." 
"Love  is  the  fulfilling  of  the  law."  Now,  let  this  princi- 
ple prevail,  and  it  is  impossible  for  the  law  which  requires 
"eye  for  eye,  tooth  for  tooth,  blood  for  blood,"  to  exist. 
And  the  reason  why  nearly  all  our  States  are  still  dis- 
graced with  the  gallows,  is  simply  this:  we  are  followers 
of  Moses,  and  not  of  Christ. 

But  it  may  be  said  here,  that  Paul  declared  that  those 
in  authority  "bear  not  the  sivord  in  vain;"  and  that  he 
designed  to  sanction  the  Death  Penalty,  as  he  employed 
this  phrase  in  connection  with  the  declaration,  "  execute 
wrath  upon  him  that  doeth  evil."  In  answer  to  this,  we 
reply,  first,  that  the  language  is  not  in  the  form  of  appro- 
bation, but  it  is  the  simple  statement  of  a  fact;  and  second, 
that  the  word  "  sword  "  was  put,  not  as  figurative  of  the 
executioner,  but  as  an  emblem  of  poioer  and  authority^ 
without  reference  to  any  special  office.*  Thus  is  the  en- 
tire passage  in  Romans,  which  is  so  often  quoted  to  sus- 
tain the  code  of  Moses,  shown  to  be,  not  only  not  op- 
posed to  the  views  presented  in  this  volume,  but  entirely 
in  harmony  with  them. 

2.  Again,  it  is  objected,  that  Paul  said,  "If  I  be  an 
offender,  or  have  committed  anything  worthy  of  death,  I 
refuse  not  to  die ;  but  if  there  be  none  of  these  things 
whereof  these  accuse  me,  no  man  may  deliver  me  unto 
thcm."t  In  this,  it  is  said  Paul  did  not  condemn  the 
Death  Penalty,  but  rather  sanctioned  it  by  declaring  his 
readiness  to  die,  if  they  could  convict  him  of  having 
violated  their  laws.     We  answer,  Paul  was  under  trial 

*See  Cruden:  :il^oC.(laiet.  t  Acts  25:11.         


142  THE    BIBLE    ARGUMENT    CONTINUED. 

where  his  life  was  at  stake;  not  for  killing  a  man,  but 
for  other  and  minor  offenses  charged  on  him.  Now,  if  it 
can  be  shown  that  he  sanctioned  Capital  Punishment  for 
murder^  (the  crime  for  which  we  kill,)  because  he  said  he 
refused  not  to  die  if  he  was  proven  guilty,  it  can  also 
be  shown  that  he  sanctioned  it  for  the  oflFenses  brought 
against  him  on  that  occasion,  viz:  preaching  a  new  re- 
ligion, and  denouncing  the  unjust  and  malevolent  senti- 
ments and  laws  of  the  Jews ;  for  he  said  he  refused  not 
to  die  if  they  could  fix  upon  him  their  charges.  The  truth 
is,  the  sentiment  of  this  text  was  uttered  without  refer- 
rence  to  either  the  justice  or  injustice  of  Capital  Pun- 
ishment. It  is  simply  the  language  of  a  man  conscious 
of  his  innocence,  and  with  no  desire  to  save  his  life  by 
subterfuges.  The  question  was  not,  whether  Capital 
Punishment  was  lawful,  but  whether  it  was  lawful  %ipon 
him.  He  says,  I  refuse  not  to  die  if  /  am  an  offender. 
But  I  am  no  offender,  and  therefore  you  have  no  right 
to  kill  me,  even  if  the  laws  by  which  you  do  your  bloody 
work  are  lawful  and  just.  This  is  the  substance  of 
Paul's  declaration.  If  it  sanctions  the  Death  Penalty  at 
all,  it  sanctions  it  for  all  the  heralds  of  the  Gospel  who 
have  the  courage  to  proclaim  the  truth  of  Grod,  in  the 
face  of  error  and  superstition,  for  this  was  the  head  and 
front  of  the  apostle's  offending. 

3.  Once  more.  Christ  was  crucified  between  two 
thieves.  One  of  them  confessed  that  his  punishment 
was  just.  Now,  because  Christ  did  not  then  and  there 
speak  out  and  oppose  the  Death  Penalty,  and  protest 
against  the  punishment  of  these  men  as  unlawful  and 
unjust,  it  is  inferred  that  he  sanctioned  Capital  Punish- 
ment. This  is  a  small  peg  on  which  to  hang  men  and 
women,  we  are  aware,  but  as  slight  as  it  may  appear  to 
some  who  may  peruse  these  pages,  it  has  been  employed 


SCRIPTURE   OBJECTIONS   ANSWERED.  143 

by  many  learned  divines  and  others,  as  a  principal  ar- 
gument on  which  to  base  the  gallows.  But  what  folly. 
The  account  does  not  affirm  that  those  put  to  death  with 
Christ  were  murderers,  but  only  thieves.  If  then,  Christ,  by 
his  silence  on  that  occasion,  sanctioned  Capital  Punish- 
ment at  all,  he  sanctioned  it  forjheft.  But  will  the  stick- 
lers for  the  Death  Penalty  in  our  day  hang  for  theft  ? 
Nor  is  this  all.  If  Christ,  by  his  silence,  approved  the 
punishment  of  the  thieves,  he  also  approved  of  his  own 
punishment,  for  "as a  sheep  before  his  shearers  is  dumb, 
BO  he  opened  not  his  mouth"  to  assert  his  own  innocence. 
He  also  approved  of  that  particular  mode  of  death,  viz  : 
crucifixion;  but  will  the  supporters  of  the  Death  Penalty, 
in  our  time,  go  in  for  "the  cross  and  nails,"  for  all  who 
are  worthy  of  death?  The  truth  is,  it  was  not  so  much  the 
work  of  Christ  to  condemn  particular  institutions,  as  to 
advance  great  truths,  scattering  them  like  seed,  here  and 
there,  and  relying  on  the  natural  course  of  things  to  se- 
cure the  desired  harvest.  The  Gospel  he  compared  to 
"  leaven  which  a  woman  took  and  hid  in  meal  till  the 
whole  was  leavened."  The  principles  of  religion,  like 
the  leaven,  work  silently,  but  certainly,  in  the  hearts  of 
men  and  communities,  assimilating  the  desires  and  sen- 
timents of  the  world  to  their  own  nature.  When  hang- 
ing upon  the  cross  it  was  no  time  nor  place  for  him  to 
condemn  the  cruel  laws  of  the  Jews.  It  would  have 
availed  nothing;  and,  besides,  he  had  previously,  in  the 
most  plain  and  positive  manner,  condemned  and  abrogat- 
ed their  judicial  covenant,  and  instituted  another,  more 
divine  and  ennobling.  If  the  malefactors  who  suffered 
with  him  were  worthy  of  death  for  theft,  how  much  more 
deserving  of  this  punishment  were  the  guilty  murderers 
of  the  innocent  Jesus;  and  yet  that  blessed  "Lamb  of 
Grod"  did  not  pronounce  upon  these  wicked  men  any  pun- 


144  THE   BIBLE   ARGUMENT   CONTINUED. 

ishment,  much  less  the  punishment  of  death.  Instead 
of  this,  the  last  accents  that  felf  from  his  lips,  were  in  a 
prayer  to  God  for  the  forgiveness  of  those  who  were  nail- 
ing him  to  the  cross.  "  Father,  forgive  them,  they 
KNOW  NOT  What  they  do!"  Well  has  it  been  said,  that 
"  Socrates  died  like  a  philosopher,  but  Jesus  Christ  like 
a  God!"  How  can  men  gaze  upon  that  blessed  being, 
when  thus  suspended  upon  the  cross  in  the  awful  ago- 
nies of  death,  and  listen  to  this  more  than  mortal  peti- 
tion for  the  forgiveness  of  his  own  murderers — so  in  har- 
mony with  all  his  teachings,  and  a  whole  life  of  love  and 
compassion,  and  still  contend  that  he  sanctioned  the 
Death  Penalty,  because  he  failed  to  denounce  it  at  this 
dreadful  hour.  Surely,  if  they  have  no  better  evidence 
than  this,  that  Christianity  sanctions  the  gallows,  their 
cause  stands  on  a  precarious  foundation. 

The  foregoing  are  the  most  prominent  objections 
drawn  from  the  Christian  Scriptures,  in  favor  of  Capital 
Punishment,  which  have  come  to  our  notice.  The  read- 
er will  perceive  that  when  examined  in  the  light  of  reason, 
and  other  portions  of  the  divine  word,  they  afford  the 
gallows  no  support.  Thus  is  the  Bible  taken  from  the 
hands  of  those  who  support  the  Death  Penalty,  and  em- 
ployed as  an  instrument  of  abolishment.  "Let  God  be 
true,  but  every  man  a  liar. 


CHAPTER    X. 

FIFTH  REASON  FOR  ABOLISHMENT. 

THE    DEATH    PENALTY    IS     NOT    NECESSARY. 

The  Death  Penalty  not  necessary  to  Personal  or  Social  Security— Protection  ia 
life  and  property  is  what  the  good  citizen  asks— We  have  strong  Prisons  in  every  State 
in  which  to  confine  men  of  base  passions— The  Murderer  is  not  secured  by  the  present 
Law-Difficulty  to  convict  -  Facts  from  the  Criminal  Records  in  the  United  States 
and  England — There  is  a  repugnance  to  taking  Human  Life -If  not  convicted  the 
Murderer  returns  to  Society— With  the  Penalty  of  •Imprisonment  for  Life  he  would 
be  secured, 

We  have  now  seen  that  the  Christian  Scriptures  are 
not  in  favor  of,  hut  are  positively  opposed  to  the  Death 
Penalty ;  and  that  for  various  other  reasons  which  we 
have  adduced,  it  should  be  abolished  by  all  Christian 
communities  and  nations.  Another  important  reason 
we  have  for  abolishment  is,  that  it  is  utterly  unnec- 

ESvSARY  TO  PERSONAL  OR  SOCIAL  PROTECTION. 

What  every  good  citizen  desires  is  security.  When 
traveling,  whether  it  be  by  railroad  or  steamboat — in 
carriage  or  on  foot — in  the  open  country  or  crowded  city 
— and  when  at  home,  about  his  lawful  business,  or  re- 
posing in  slumber  at  night,  he  wishes  to  be  protected, 
not  from  prowling,  blood-thirsty  beasts,  but  from  men — 
the  robber  and  assassin.  Now  a  special  object  of  penal 
law  is  to  protect  him ;  and  what  he  asks  is  the  law  which 
will  the  most  certainly  secure  this  result.  The  Death 
Penalty  is  on  the  statute  book  of  his  State.  The  gallows 
drinks  the  blood  of  its  victim  every  now  and  then.  Still 
he  does  not  feel  secure.  The  law  is  not  enough.  Pis- 
13  (U5) 


146  FIFTH   REASON   FOR   ABOLISHMENT. 

4 

tols  and  dirks  are  at  his  side,  under  his  pillow  or  in  his 
pocket.  But,  notwithstanding,  he  possesses  great  confi- 
dence in  the  moral  power  of  sanguinary  laws ;  so  he  ex- 
claims :  ''Annihilate  the  gallows  as  a  terror  to  evil  doers 
— abolish  all  killing  for  crime,  and  thus  say  to  a  desper- 
ado that  he  may  do  his  worst  and  he  can  escape  the 
halter — and  would  not  the  result  be  an  overwhelming 
increase  of  crime?  Would  not  blood  run  like  water,  and 
all  sense  of  individual  and  social  security  be  banished?" 
This,  he  says,  is  the  main  question  with  him  when  con- 
sidering the  subject.  It  is  the  utility  of  the  gallows. 
Just  convince  him  that  by  abolishing  the  Death  Penalty 
you  do  not  lessen  restraint  and  multiply  crime — or,  in 
other  words,  convince  him  that  the  gallows  is  not  ahso- 
lutely  necessary  to  the  protection  of  society — and  he  will 
gladly  consent  to  a  change. 

If  the  reader  occupies  this  position,  we  would  respect- 
fully invite  his  careful  attention  to  the  following  thoughts 
and  facts  touching  the  subject,  for  we  are  not  without 
hope  that  we  shall  be  able  to  convince  him  not  only  that 
the  law  which  requires  the  death  of  the  offender  affords 
no  more  security  than  imprisonment  for  life,  but  such  is 
its  practical  operation,  that  it  is  positively  less  effectual 
in  this  respect  than  the  latter  penalty. 

He  desires  to  feel  that  society  is  protected  from  the 
depredations  of  the  assassin.  Now  we  can  imagine  con- 
ditions of  communities  where  the  necessity  of  killing  the 
offender  might  be  pleaded  to  secure  such  protection. 
Take,  for  instance,  Moses  and  the  Israelites,  when  in  the 
wilderness,  journeying  from  Egypt  to  the  promised  land, 
at  the  very  time  that  the  law  of  death  was  instituted. 
Where  were  their  jails  or  prisons,  and  other  means  for 
securing  the  murderer  against  the  possibility  of  escape? 
Or  take  the  condition  of  our  brothers,  fathers,  or  hus- 


THE   DEATH   PENALTY   NOT   NECESSARY.  147 

bands  in  California  during  the  first  year  of  emigration 
and  effort  for  gold.  There  we  behold  thousands  of  men 
in  a  new,  wilderness  country,  surrounded  by  savages, 
without  even  the  form  of  civil  government.  No  courts, 
judges,  sheriffs,  police,  nor  jails,  and  no  means  of  self- 
protection.  If  the  assassin  was  caught  and  convicted 
where  were  the  strong  prison,  the  iron  bars  and  bolts 
and  trustworthy  keepers  to  hold  him  securely?  In  such 
a  condition  of  society,  the  necessity/  of  "summary  justice" 
and  the  punishment  of  death  might  be  argued  with  some 
show  of  propriety.  But  with  the  people  of  Ohio,  Ken- 
tucky, Indiana,  and  other  States  where  "law  and  order" 
prevail,  the  case  is  widely  different.  Here  there  are 
well  organized  governments,  with  a  court  and  jail  in 
every  county,  and  police  regulations  in  every  town ;  so 
that  the  assassin  or  murderer  can  rarely  escape  detection 
after  committing  a  crime,  and  if  detected  can  be  secured. 
If,  in  Ohio,  our  laws  demanded  imprisonment  for  life 
for  the  crime  of  murder,  and  the  offender  should  be 
safely  lodged  in  our  penitentiary,  would  he  not  be  se- 
cure? That  institution  is  one  of  the  most  substantial 
edifices  and  faithfully  guarded  prisons  in  the  world.  It 
contains  workshops  for  the  criminal  by  day,  and  cells, 
constructed  of  stone  and  iron,  for  his  safe  keeping  by 
night ;  the  whole  of  which  is  under  the  watchful  care  of 
the  most  vigilant  keepers.  We  again  ask,  if  the  murderer 
is  not  safe  when  once  confined  within  the  walls  of  that 
prison.  Take  the  case  of  Arrison,*  if  you  will.  He  is 
thought  to  be  one  of  the  most  desperate  men  living.  I 
appeal  to  my  fellow  citizens  to  know  if  they  would  enter- 
tain the  least  fear  of  his  breaking  through  the  walls,  or 

*W.  H.  Arrison,  now  confined  in  the  Cincinnati  jail,  charged  wi  h 
the  murder  of  Allison  and  his  wife,  at  the  Medical  College  in  t  i.<  Ci;y, 
during  the  summer  of  1854,  with  a  torpedo,  a  dreadful  instrum  uit  which 
exploded  and  tore  them  in  pieces  on  opening  the  box  that  contained  it. 


148  FIFTH   REASON   FOR   ABOLISHMENT. 

bars  and  bolts  of  that  prison,  and  again  returning  upon 
society  to  engage  in  another  work  of  blood,  provided  he 
were  once  placed-  there  for  life? 

"Ah,"  says  the  objector,  "we  should  have  no  appre- 
hension of  the  man's  breaking  prison,  but  there  are  other 
means  of  escape.  Influential  friends,  or  money,  some- 
times possess  a  potent  power.  Prison  doors  will  open 
at  their  nod.  In  plain  words,  we  should  fear  the  par- 
doning power."  Then  take  the  pardoning  power  from 
the  Grovernor,  where  it  is  now  lodged,  and  vest  it  in 
twelve  men  who  shall  constitute  a  court  to  examine  and 
decide  upon  all  appeals  for  pardons  and  commutations, 
subject  to  certain  restrictions  in  the  crime  of  murder. 

I  ask  again,  if  this  provision  were  instituted  concern- 
ing the  pardoning  power,  and  the  murderer  were  secure 
in  the  penitentiary,  would  not  the  people  of  Ohio  feel 
that  his  depredations  on  society  were  at  an  end?  You 
say  you  would  have  him  executed,  not  because  the  Bible 
demands  his  life,  nor  yet  from  a  spirit  of  retaliation  to 
avenge  the  outrage  he  has  committed  against  society,  but 
simply  as  a  matter  of  expediency,  to  render  your  own 
safety  more  certain.  But  are  you  not  just  as  secure  by 
his  confinement  in  prison  as  by  his  execution?  It  is 
possible,  we  grant,  that  he  may  break  away  and  escape: 
but  not  probable ;  and  this  possibility  we  must  risk  as 
we  should  were  his  destiny  to  be  decided  by  us  in  our 
individual,  instead  of  our  social  capacity.  Suppose  a 
robber  should  enter  your  house  and  attempt  your  life : 
he  strikes  at  your  heart  with  his  glittering  dagger.  The 
first  law  of  your  nature  is  self-preservation  or  protection. 
Either  your  life  or  the  life  of  an  assassin  must  be  de- 
stroyed; and  no  matter  how  powerfully  your  feelings 
may  revolt  at  the  thought  of  killing  a  man,  you  are  not 
long  in  deciding  it  to  be  your  duty  to  defend  yourself 


THE   DEATH   PENALTY   NOT   NECESSARY.  149 

to  the  extent  of  your  power.  If  you  kill  under  such 
circumstances,  you  are  justified.  Why?  Because  you 
are  driven  by  actual  necessity  to  commit  the  act  in  order 
to  preserve  your  own  existence.  And  this  is  all  that 
can  justify  you,  or  delegate  to  you  the  right  to  kill  the 
man.  No  Christian  will  justify  the  taking  of  human 
life  hy  an  individual  in  self-defense,  on  any  other 
ground.  Suppose  it  is  a  mere  child  who  attempts  to 
rob  and  murder  you — one  whom  you  are  certain  you 
can  seize  and  bind  securely — but,  instead,  you  kill 
him;  will  society  justify  the  act?  Or,  further,  having 
bound  him  with  cords  so  that  he  can  move  neither 
hand  nor  foot,  and  thus  relieved  yourself  of  all  fear  of 
farther  injury,  you  take  a  club  and  deliberately  beat  out 
his  brains;  would  society  justify  the  act?  Certainly  not. 
Why  not?  Plainly  because  the  deed  is  not  committed 
in  self-defense.  You  are  safe.  He  cannot  injure  you. 
The  officers  of  justice  can  take  him  into  custody,  and 
place  him  beyond  the  possibility  of  again  outraging 
society. 

I  am  now  writing  for  the  minds  and  hearts  of  Chris- 
tians, as  well  as  others.  Is  the  reader  a  Christian?  If 
so,  permit  me  to  ask,  would  you  thus  deliberately  kill 
the  murderer  after  you  had  securely  bound  him?  Would 
it  be  necessary?  What  would  you  think  of  your  neigh- 
bor— a  brother  in  Christ — a  member  of  the  same  Church 
— for  instance,  the  pastor  of  your  society,  and  your  spirit- 
ual teacher — if,  having  surprised  a  robber  in  his  house, 
and  securely  bound  him  to  a  post  with  manacles,  cords 
and  chains,  should  call  you  and  other  members  of  his 
flock  to  see  him  cut  his  throat,  or  strangle  him  with  a 
halter?  Would  you  not  be  astonished  beyond  measure? 
And  if  he  should  commit  the  deed,  would  not  the  whole 
'Church,  yea,  the  whole  community,  be  struck  dumb  with 


ii>l  FIFTH   REASON   FOR   ABOLISHMENT. 

horror?  "  This  man  is  secure,"  you  would  exclaim,  "why 
<io  you  kill  him?"  And  your  astonishment  would  not 
be  lessened  at  the  answer  of  your  clerical  executioner : 
"  I  know  he  is  secure ;  I  feel  safe.  There  is  not  one 
chance  in  a  thousand  for  him  to  escape.  But  then  escape 
is  possible.  He  may  break  these  chains  and  cords  and  in- 
jure somebody.  It  is  best  for  us  to  he  positively  secure; 
therefore,  I  kill  him." 

We  venture  to  assert  that  no  individual  can  be  found, 
Christian  or  infidel,  base  enough  to  commit  so  cowardly 
and  damning  a  deed.  And  any  man  who  should  present 
such  a  reason  for  the  act,  would  be  regarded  as  a  madman 
or  a  consummate  villain.  And  yet  this  is  precisely  the 
principle  on  which  society  acts,  when  it  has  safely  secured 
the  offender  within  stone  walls,  with  bars  and  bolts,  and 
then  chokes  the  life  out  of  him,  on  the  ground  of  self- 
security.  If  the  Christian  minister  should  commit  an  act 
of  this  character,  as  described  above,  the  State  would  take 
him,  convict  him  of  murder,  treat  his  plea  of  self-protec- 
tion with  derision,  and  hang  him — his  own  Church  assist- 
ing in  the  work — not  as  individuals,  but  as  members  of 
the  body-politic,  through  the  hangman.* 

But  if  the  act  is  morally  wrong  in  an  individual^  how 
can  it  be  morally  right  in  the  State.  If  the  act,  when 
committed  by  a  Christian  minister,  is  shocking  to  the 
moral  sense  of  the  Church,  why  should  it  not  be,  when 
perpetrated  by  the  State,  inasmuch  as  the  State  is  pro- 
'  fessedly  Christian  ?  And  further :  if  the  State  treats  the 
plea  of  the  individual  who  kills  the  bound  man  for  self- 
protection,  with  derision,  with  what  propriety  can  it  make 
this  a  reason  for  its  own  acts  of  blood?  Look  at  the 
strength   of  the  State  and  its  means  of   self- security. 

*  See   the  sixth  chapter  of  this  work,  under  the  head  of  Individual 
Eesponsibility, 


THE    DEATH    PENALTY   NOT   NECESSARY.  151 

Look  at  its  strong  prisons,  its  chains,  its  cells,  its  dun- 
geons, its  strong  police  force,  and  its  hundreds  of  thou- 
sands of  citizens  to  assist  in  maintaining  the  supremacy 
of  the  law  and  prevent  an  escape.  Yet  it  ridicules  the 
plea  of  an  individual,  when  he  kills  in  self-defense,  while  it 
leads  out  from  its  iron  and  stone  cells,  its  victims,  some- 
times little  boys,  and  weak  emaciated  women,  and  chokes 
the  life  out  of  them,  because  it  is  unsafe  to  let  them  Uve/^ 
They  may  escape  from  prison,  and  kill  or  injure  some- 
body. 

The  reader  must  perceive,  then,  that  the  argument  in 
favor  of  the  gallows,  drawn  from  necessity,  and  based 
on  self -protect  Ion,  possesses  but  little  force,  and  is  hardly 
entitled  to  consideration.  If  we  should  kill  criminals, 
simply  because  they  are  dangerous  to  society — if  this 
is  the  only  ground  on  which  we  defend  the  gallows,  then, 
to  be  consistent,  we  should  employ  it  against  the  lunatic; 
for  it  is  as  dangerous  to  society  for  him  to  have  his  free- 
dom, and  probably  more  so,  than  for  the  murderer.  It 
is  not  uncommon  for  madmen  to  commit  acts  of  the  most 
dreadful  violence.  Yet  where  is  the  man,  especially  the 
Christian,  who  would  dream  of  killing  this  unfortunate 
class  of  our  fellow-creatures /ro??i  necessity,  on  the  ground 
of  self -protection.  Every  humane  heart  would  revolt  at 
the  thought.  Even  if  at  liberty  and  roaming  at  large, 
there  are  but  few  who  would  refuse  to  risk  any  injury 
they  might  do,  rather  than  to  put  them   to   death.     For 

*  A  little  boy,  but  ten  years  of  age,  was  hung  in  Alexandria,  La.,  in  Sept. 
last,  ( 1855.)  See  page  49  of  this  work.  In  1854,  a  woman  was  executed 
in  New  York  State,  weak  and  feeble,  leaving  an  infant,  which  had  its 
birth  in  her  cell.  And  now,  as  we  write,  the  secular  papers  before  us  con- 
tain an  account  of  the  death  of  a  woman,  who  was  soon  to  be  executed  in 
New  Hampshire.  She  was  delivered  of  a  child  a  few  months  ago  in  her 
cell,  and  the  authorities  were  waiting  for  her  to  gain  sufficient  strength 
to  be  killed,  when  death  by  consumption  terminated  her  miserable  exist- 
ence. Was  it  necessary  to  strangle  these  wretched  creatures  in  self- 
defetise  ? 


152  FIFTH    REASON    FOR   ABOLISHMENT. 

all  such,  the  State  provides  an  asylum — a  place  of  con- 
finement— where  they  are  not  only  kept  securely,  but  by 
humane  and  judicious  treatment,  are  often  entirely  re- 
stored, and,  with  sane  minds,  permitted  to  return  again 
to  their  friends  and  to  the  blessings  of  social  life.  Now, 
when  safely  lodged  within  the  walls  of  an  asylum,  the 
lunatic  is  neither  feared  nor  dreaded  by  society  at  large. 
Confidence  is  reposed  in  the  strength  of  the  institution 
and  in  the  caution  and  vigilance  of  those  in  whose  charge 
it  is  placed.  So  should  it  be,  and  so  might  it  be,  with 
the  murderer.  He  is  a  moral  lunatic;  perhaps  more 
really  so,  in  many  cases,  than  the  world  imagines,  or  will 
believe.  To  turn  him  loose  upon  society  would  be  a 
dangerous  act.  This  should  not  be;  justice  does  not  de- 
mand it.  Let  him  be  safely  lodged  in  the  penitentiary 
and  kept  in  durance.  Let  him  be  treated  with  kindness 
and  humanity,  but  eff'ectually  confined,  and  society 
would  no  longer  experience  apprehensions  of  insecurity 
from  the  simple  fact  that  the  man  was  living.  For,  tho' 
living,  he  would  be  so  really  separated  from  the  world  by 
stone  and  iron — so  utterly  banished  from  society,  and  so 
securely  guarded — as  that  he  would  be  dead  to  the  world, 
and  the  world  dead  to  him. 

The  plea  of  self-protection,  then,  is  a  false  one.  Not 
only  is  it  false,  but  it  is  mischievoias.  "It  is  terrible," 
says  one  "  in  the  hands  of  a  people's  tyrant,  or  of  a  tyran- 
nous people.  Self-protection,  says  the  despot,  and  the 
heads  of  the  noble,  brave  and  good,  roll  before  him  in 
ghastly  heaps.  Self-protection,  says  the  demagogue,  and 
the  guillotine  moves  its  iron  jaws,  and  the  streets  are 
red  with  blood.  Self-protection,  says  the  injured  man,  and 
anticipates  the  law,  becoming  for  himself  judge  and  exe- 
cutioner. Self-protection,  says  the  mutineer,  dead  men 
tell  no  tales,   and  the  ocean  bubbles  red  above  his  com- 


THE   DEATH   PENALTY   NOT   NECESSARY.  153 

rades.  Believe  me,  this  principle  of  self-protection  that 
relies  on  blood,  is  a  dangerous,  two-edged  principle.  Self  • 
protection  may  be  secured  without  blood-shed.  We  may 
obey  God's  law  without  inflicting  Capital  Punishment 
There  is  a  higher  dictate  than  that  of  revenge.  There  is 
a  nobler  end  for  punishment  than  the  infliction  of  pain. 
There  is  a  more  binding  code  than  the  law  of  Moses.  It 
is  found  in  the  spirit  and  precepts  of  Jesus  Christ." 

We  have  said  that  if  the  murderer  was  safely  confined 
within  the  walls  of  the  penitentiary,  society  would  feel 
secure.  We  come  now  to  add,  that  if  the  penalty  for 
murder  was  imprisonment  for  life,  instead  of  hanging, 
murderers  would  be  secured;  but,  as  the  law  now  stands 
upon  the  statute  books  of  nearly  all  our  States,  eight  out 
of  ten  guilty  of  murder  escape^  not  from  prison.,  but 
they  escape  conviction.,  and  are  returned  again  loose  upon 
society.  Thus  does  the  law  of  death  defeat  the  very  ob- 
ject for  which  the  class  we  are  now  considering  would  retain 
it.  They  would  retain  it,  in  order  to  take  the  ofi'ender 
from  society  and  put  him  beyond  the  power  of  again 
trampling  upon  its  laws.  But  instead  of  this,  it  stands 
directly  in  the  way  of  securing  this  result.  It  screens 
the  murderer  from  all  punishment,  and  positively 
snatches  him  from  the  hand  of  justice,  and  sends  him 
back  into  the  world,  all  reeking  with  the  blood  of  his 
murdered  victim,  to  prey  again  upon  society,  and,  it  may 
be,  to  enact  over  again  the  same  dreadful  deed  of  which 
he  is  guilty.  Thus,  is  the  present  law  the  most  unsafe^ 
for  the  simple  reason  that  it  is  impossible  to  enforce 
IT  eccept  IN  rare  CASES.  But  this  is  an  important  point 
in  our  investigations,  and  must  be  made  the  subject  of  a 
chapter  by  itself. 


CHAPTER    XI. 
SIXTH    REASON    FOR    ABOLISHMENT. 

THE    DEATH    PENALTY    DIFFICULT    TO    ENFORCE. 

Scruples  of  Jurors-Loth  to  convict— The  condition  of  Criminal  Jurisprudence  in 
Ohio,  as  presented  by  a  Cincinnati  Editor  -The  cause  of  Laxitj^  on  the  part  of  Jurors 
to  convict— The  Gallows  stands  in  the  way  of  Justice— It  facilitates  the  escape  of  tho 
Guilty— Folly  of  instituting  Laws  which  cannot  be  enforced -Criminal  Jurisprudence 
in  Hamilton  County,  Ohio,  for  fifteen  years— Large  number  ©f  Murders— But  one 
hung -How  it  worked  in  England— France. 

The  Death  Penalty  cannot  he  enforced  only  in  rare  cases. 
It  facilitates  the  escape  of  the  guilty  in  many  in- 
stances, which  is  another  important  reason  for  abolishment. 

The  truth  is,  the  Death  Penalty  is  so  far  behind  public 
sentiment,  and  so  revolting  to  the  humanity  of  every 
morally  sensitive  heart,  that  most  persons  refuse  to  act 
as  jurymen  in  capital  cases,  from  "conscientious  scru- 
ples,'* while  those  who  consent,  will  not  convict,  unless 
in  the  most  certain  cases  of  guilt.  If  the  least  thread  of 
evidence  is  elicited  in  behalf  of  the  offender,  they  will 
hang  upon  it,  and  acquit  him  through  its  instrumental- 
ity, and  thus  he  escapes  all  punishment,  though  guilty. 
Look  at  the  history  of  criminal  jurisprudence  in  Ohio, 
Indiana,  Pennsylvania,  New  York,  New  England,  any- 
where in  any  Christian  country  on  the  face  of  the  earth, 
where  the  gallows  still  exists,  and  the  fact  of  which  we 
Bpeak  is  demonstrated  to  a  certainty.  While  I  write,  a 
ri54} 


THE    DEATH    PENALTY   DIFFICULT    TO    ENFORCE.     155 

leading  daily  journal*  of  Cincinnati  is  placed  before  me, 
the  editor  of  whieli,  a  warm  supporter  of  the  gallows, 
utters  his  complaints  against  this  condition  of  things, 
and  threatens  Lynch  law  in  the  following  strain,  if  mat- 
ters are  not  speedily  amended: 

"  It  does  seem  as  if  it  were  impossible  to  procure  any- 
thing like  justice  in  'capital  cases,'  as  they  are  called  in 
this  State.  Murder  is  alarmingly  frequent,  yet  we  hear 
of  no  instance  where  the  murderer  expiates  his  or  her 
guilt.  Judging  by  the  past,  and  the  history  of  our  juris- 
prudence, there  is  no  crime  that  can  be  committed  with 
such  impunity  from  punishment  in  Ohio,  as  that  of 
murder,  the  most  wilful  of  all  crimes.  It  matters  not 
how  atrocious  are  the  circumstances  attending  it,  or  the 
conclusive  character  of  the  evidence  that  points  out  the 
criminal,  there  is  always  some  loop-hole  by  which  the 
penalty  is  evaded.  When  juries  do  their  duty  in  the 
premises,  and  render  an  honest  verdict,  some  legal  tech- 
nicality is  raised,  by  which  the  prisoner  is  enabled  to  es- 
cape. The  extraordinary  laxity  in  the  administration  of 
our  laws  for  murder,  exceeds  that  of  any  other  State  in 
the  Union,  with  the  exception  of  California.  Look  into 
our  own  county  jail,  for  instance,  and  see  what  a  farce 
and  mockery  are  the  attempts  which  have  been  made  for 
years  here  to  execute  the  law  in  those  cases  where  the 
punishment  is  death.  It  is  high  time  that  public  opinion 
became  aroused  to  this  matter,  and  that  some  steps  were 
taken  by  which  the  clogs  that  now  retard  the  wheels  of 
justice  were  removed.  Human  life  is  too  sacred  a  thing 
to  allow  the  legal  barriers  and  safeguards  that  protect  it 

*  The  Commercial.  The  editor's  indignation  was  aroused  by  the  report 
just  received  fromPiqua,  Ohio,  that  a  man  and  woman,  (Jane  Elizabeth 
Riggen  and  James  Mowrey,)  guilty  of  murder,  in  that  county,  and  who 
had  confessed  their  guilt,  had  been  discharged  through  some  legal  techni- 
cality. If  the  law  had  been  imprisonment  for  life,  conviction  would  un- 
doubtedly have  been  the  result.     Ohio  will  not  hang  a  wcmian. 


156  SIXTH   REASON   FOR   ABOLISHMENT. 

to  be  broken  down.  There  should  be  even  a  greater 
certainty  of  punishment  to  him  who  unlawfully  takes  life, 
than  for  any  other  offense ;  but  in  our  State  the  certainty 
has  got  pretty  much  all  on  the  other  side — in  favor  of  an 
escape.  If  we  do  not  have  a  reform  pretty  soon,  it  would 
not  surprise  us  to  see  '  Judge  Lynch '  erect  his  summary 
court  and  proceed  to  execute  that  justice  upon  murder- 
ous malefactors  that  the  regular  tribunals  will  not 
afford." 

All  that  is  here  uttered  with  reference  to  the  difficul- 
ty experienced  in  convicting  the  guilty  in  Ohio,  is  true; 
and  because  it  is  true,  and  comes  from  one  who  has  great 
confidence  in  the  efficacy  of  legal  strangulation,  we 
copy  it. 

In  the  recent  trial  of  the  notorious  Arrison,  in  Cin- 
cinnati, three  days  were  spent  in  empanelling  a  jury. 
Upwards  of  three  hundred  persons  were  excused  from 
serving,  on  the  ground  of  "conscientious  scruples."  We 
were  told  by  a  gentleman  of  intelligence,  who  was  sum- 
moned as  a  juror  in  that  case,  that  if  he  had  served,  he 
would  not  have  convicted  the  prisoner  of  murder  in  the 
first  degree,  no  matter  what  the  nature  of  the  evidence 
against  him,  simply  because  he  could  not  consent  to  bo 
an  instrument  in  destroying  human  life.  In  the  case 
of  Mrs.  Riggen,  of  Miami  county,  alluded  to  in  the 
note  preceding,  nearly  two  weeks  were  expended  in  em- 
panelling a  jury;  hundreds  being  pronounced  by  the 
court  as  unfit  to  serve,  in  consequence  of  their  scruples 
of  conscience  on  the  subject  of  the  Death  Penalty,  before 
twelve  could  be  found  who  were  willing  to  convict.  The 
same  repugnance  exists  throughout  our  State,  and  in  ev- 
ery State  to  a  greater  or  less  extent,  and  is  becoming 
every  year,  more  and  more  real ;  so  that  it  has  come  to 
be  quite  generally  understood  that  no  jury  will  jeopard- 


THE   DEATH   PENALTY   DIFFICULT   TO   ENFORCE.    157 

ize  the  life  of  a  fellow  creature  by  conviction,  if  there  is 
the  least  possible  chance  to  save  him.  Almost  always 
there  are  some  of  the  jury  whose  hearts  revolt  at  pronounc- 
ing the  word  "guilty,"  however  strongly  their  J«c^^me«,fe 
may  sanction  the  justness  of  such  a  decision,  and  they 
refuse  to  return  such  a  verdict,  not  because  they  are  not 
convinced  of  the  offender's  criminality,  but  because  the 
punishment  to  follow  the  verdict  is  so  shocking  to  hu- 
manity, and  they  are  so  fearful  of  convicting  the  inno- 
cent, that  they  shrink  from  the  responsibility,  and  say 
"NOT  GUILTY,"  when  in  every  instance,  if  the  penalty 
were  imprisonment  for  life,  they  would  return  a  verdict 
of  guilty,  and  thus  secure  the  offender  from  further  dep- 
redations. Such  is  the  repugnance,  we  repeat,  which 
very  generally  exists  in  society,  against  sending  a  fel- 
low-being to  the  scaffold.  Some  sneer  at  it — pronounce 
it  a  "morbid  sympathy," — a  "childish,  silly  repugnance" 
— and  curse  jurymen  for  a  set  of  chicken-hearted  fools, 
who  "themselves  deserve  to  have  their  necks  stretched,'* 
for  their  indifference  to  the  public  welfare.  But  all  this 
does  not  disprove  the  fact  that  the  repugnance  of  which 
we  speak  is  a  reality.  It  does  not  eradicate  it  from  the 
human  soul.  Men  do  shudder  and  they  will  shudder  at 
violating  the  shrine  of  human  life.  The  feeling  is  nat- 
ural. God  has  implanted  it  in  every  breast,  and  it  grows 
with  the  growth  of  humanity,  and  strengthens  more  and 
more  in  the  soul  which  is  chastened  by  the  principles  of 
a  pure  and  holy  religion.  And  we  may  rest  assured  of 
this  fact,  viz :  that  so  long  as  our  communities  progress 
in  benevolence  and  intelligence,  our  present  law  cannot  he 
enforced^  as  I  before  said,  only  in  rare  cases. 

Men  ask  for  a  continuance  of  the  gallows  that  "  society 
may  he  protected. ^^  But  is  society  protected  by  this  insti- 
tution?    Let  the  editor  referred  to  above,  answer.     "It 


158  SIXTH   REASON   FOR   ABOLISHMENT. 

seems  as  if  it  were  impossible,"  he  says,  "to  procure  any- 
thing like  justice  in  capital  cases  in  this  State.     Murder 
is  alarmingly  frequent,"  (notwithstanding  the  existence  of 
the  Death  Penalty,)  '•'-yet  we  hear  of  no  instance  where  the 
offender  expiates  his  or  her  guilt.     No  crime  can  be  commit- 
ted with  such  impunity  of  punishment  in  Ohio,  as  murder. 
T^ere  is  always  some  loop-hole  hy  which    the  penalty  is 
evaded.     When  jurors  do  their  duty  in  the  premises,  and 
render   an    honest   verdict,    some    legal    technicality   is 
raised  by  which   the  prisoner  is  enabled  to  escape."     All 
this  is  true.     Is  not  the  gallows,   then,  a  glorious  pro- 
tection to  society  in   Ohio?     Why,  instead  of  this,  ^i  is 
the   very  instrument   that  protects  the  offender,  and  affords 
him  a  free  pass  hack  into  society.     Wipe   the   Death  Pen- 
alty from  our  statute  books,  and  place  instead  impris- 
onment for  life,  and  our  fellow  townsmen  will  no  longer 
have  cause  to  complain  of  the  "laxity"  of  our  judicial 
tribunals;  the  "impunity"  with  which  the  crime  of  mur- 
*der  is  committed;  the  "loop-holes"  of  the  law,   and  the 
"farce  and  mockery"  everywhere  perceptible  in  the  exe- 
cution of  the  law.     "  It  is  high  time,"  he  says,  "  that  pub- 
lic opinion  became  aroused  to  this  matter,  and  that  some 
steps  were  taken  by  which  the  clogs  that  now  retard  the 
wheels  of  justice  were  removed."     This   is  precisely  our 
t)pinion.     But  by  investigation*  he  will  find  that  the 
only  "clog  that  retards  the  wheels  of  justice,"  with   ref- 
erence to  the  murderer,  is  the  gallows.     Pull  down  this 

*  In  justice  to  the  gentleman  mentioned  here,  whose  talents  and  mo- 
tives we  respect,  we  should  say,  that  probably  he  is  becoming  convinced 
of  the  impotency  of  our  law  as  it  now  stands,  for  he  closes  the  article  re- 
ferred to,  as  follows  :  "While  we  are  in  favor  of  the  law  in  relation  to 
murder  as  it  now  stands  on  the  statute  book,  yet,  if  it  be  true,  as  many 
believe,  that  in  consequence  of  the  conscientious  convictions  of  thou- 
sands of  people  against  the  Death  Penalty,  that  th6  present  condition  of 
things  is  owing,  it  would  be  best  to  have  the  criminal  law  changed.  It 
is  a  subject  that  well  demands  the  attention  of  legislators,  who  should  see 
where  the  fault  lies,  and  apply  the  remedy,  if  it  is  in  their  power." 


m- 


THE   DEATH    PENALTY   DIFFICULT   TO    ENFORCE.    159 

old  relic  of  barbarism,  and  place  in  its  stead  a  law  that 
can  he  enforced^  and  there  will  be  no  longer  complaint 
about  the  slow  and  uncertain  movement  of  the  wheels  of 
justice."  "  Human  life  is  too  sacred  a  thing,"  he  says, 
"  to  allow  the  legal  harriers  and  safeguards  that  protect 
it,  to  be  broken  down."  But  all  the  "legal  barriers  and 
safeguards"  we  have  to  protect  human  life  in  Ohio,  are 
the  gibbet  and  the  hangman;  and  these,  as  we  have  seen, 
are  already  "broken  down."  They  exist  only  on  the 
statute  books  as  a  mere  threat.  Every  murderer  within 
our  borders,  is  told  that  if  he  kills  he  shall  be  hung ; 
but  he  has  come  to  know  that  this  is  a  mere  bug-bear, 
and  that  the  probability  is  that  instead  of  being  hung  if 
caught,  he  shall  be  tried  and  discharged.  He  has  no 
fear  of  the  gallows.  In  traveling  in  a  neighboring 
State  a  few  years  since,  we  tarried  a  short  time  at  a  tav- 
ern kept  by  a  widow  lady,  who  had  a  young  negro 
servant  about  the  house  and  stable,  a  mischievous,  ma- 
licious little  urchin,  who  was  full  of  his  pranks,  and 
was  anything  but  obedient  to  the  wishes  of  his  mistress. 
The  good  landlady  had  instituted  a  government  in  her 
domestic  affairs,  but,  unfortunately,  it  was  a  government 
whose  "barriers  and  safeguards,"  like  those  of  oiir  State 
with  reference  to  the  crime  of  murder,  consisted  princi- 
pally of  threats — awful  threats,  which  she  never  dreamed 
of  enforcing.  "Here,  Tom!"  she  would  exclaim  at  the 
top  of  her  voice,  "  where  have  you  been  ?  Did  I  not 
tell  you  not  to  leave  the  house,  but  to  stay  here  and  wait 
on  the  gentlemen  ?  Now,  you  go  away  again,  and  I'll 
tie  you  up  by  your  two  thumbs  and  slcin  you,  you  see  if  I 
don't."  Ten  times  in  a  day  did  she  make  this  threat.  But 
it  was  only  a  threat.  Tom  came  to  understand  by  it  that 
it  was  merely  a  bug-bear,  and  to  treat  it  accordingly. 
He  knew  he   should    not  be  skinned.     He  never   was 


160  SIXTH    REASON    FOR    ABOLISHMENT. 

skinned  in  his  life,  though  he  had  been  threatened  with 
this  penalty  a  thousand  times ;  and  with  a  snap  of  his 
fingers,  a  shrill  whistle,  and  shrewd  grimace,  he  would 
be  off  to  his  pranks  again. 

How  unwise  in  a  family,  how  much  more  unwise  in  a 
State,  to  institute  laws  which  cannot  be  enforced,  and 
which,  therefore,  can  claim  no  respect  from  the  party  to 
be  governed.  Gambling  has  been  a  penitentiary  offense 
in  Ohio,  for  several  years,  but  has  it  ever  been  enforced 
in  a  single  instance  ?  The  penalty  for  murder  in  the 
first  degree  in  Ohio,  is  death  by  hanging.  In  Hamilton 
county*  alone,  within  the  last  fifteen  years,  hundreds  of 
murders^  of  all  descriptions  and  every  degree  of  violence  and 
atrocity^  have  been  committed^  but  with  a  single  excep- 
tion, this  penalty  has  never  been  enforced  upon  the  murderer 
in  our  county  during  all  these  years.  Here  is  a  fact  which 
should  astonish  the  sticklers  for  the  gallows,  and  bring 
them  to  a  sense  of  the  true  nature  of  this  question. 
Why  has  not  the  murderer  been  executed  in  Hamilton 
county  ?  Was  it  because  he  could  not  be  arrested  ? 
Not  at  all.  But  because  when  arrested  he  could  not  be 
convicted;  or  if  convicted,  the   moral  sympathy  of  the 

*  Hamilton  County  embraces  Cincinnati.  Within  the  last  fifteen  years, 
at  least  five  hundred  murders  have  either  been  perpetrated,  or  attempted, 
in  this  county.  Of  course  we  do  not  mean  that  all  these  crimes  would 
come  under  the  head  of  premeditated  murder.  We  include  in  this  num- 
ber, shooting  and  stabbing  in  fights  and  rows,  on  the  streets,  in  houses  of 
ill-fame,  in  bar-rooms,  on  steamboats,  indeed,  every  form  and  degree  of 
murder.  The  author  of  these  pages  kept  a  minute  of  the  violent  deaths 
perpetrated  in  our  city,  during  the  years  1852—3,  (Lecount  was  hung  in 
the  beginning  of  1853,)  and  the  number  in  these  two  years  reached  to  198. 
Some  have  doubted  the  statement,  when  publicly  made,  of  five  hundred 
violent  deaths  in  Cincinnati  in  the  time  given,  and  asked  us  for  the  au- 
thority on  which  it  is  based.  The  above  is  our  authority.  If  in  two 
years  there  were  nearly  two  hundred,  in  the  remaining  thirteen  years  it 
is  probable  there  were,  at  least,  three  hundred.  But  not  half  of  those 
gttilty  of  perpetrating  these  offenses  were  arrested.  Out  of  all  arrested 
during  the  fifteen  years,  probably  forty-five,  or  three  a  year,  were  tried  for 
murder  in  the  first  degree,  the  penalty  of  which  is  death.  One  was  hung. 
Where  are  the  remaining/(/;'^2/:/<'^^  ^ 


THE   DEATH   PENALTY   DIFFICULT   TO    ENFORCE.    161 

public,  and  the  opinion  which  so  generally  prevails  of 
the  utter  inutility  of  the  gallows,  have  sought  for  and 
found  a  "loop-hole"  for  the  culprit.*  In  some  instances 
they  have  been  pardoned;  in  others,  sentence  has  been 
commuted  from  hanging  to  imprisonment. 

Now,  in  every  instance  where  the  offender  was  not  con- 
victed, he  returned  again  to  society.  How  unsafe,  then, 
is  our  present  law? — unsafe  because  of  the  uncertainty  of 
its  infliction.  Says  an  eminent  lawyer,  speaking  on  this 
subject:  "No  one  who  is  acquainted  with  the  history  of 
criminal  jurisprudence  in  this  country,  can  doubt  but 
hundreds  of  guilty  ones  have  been  acquitted,  and  sent 
back  to  the  haunts  of  vice,  for  the  simple  reason  that 
jurors  would  not  convict  in  consequence  of  the  severity 
attached  to  their  crimes,  it  being  death." 

Another  jurist  of  New  York,  equally  eminent,  says : 
"None  who  ever  attended  our  criminal  courts  in  capital 
cases  can  have  failed  to  notice  the  operation  of  the  princi- 
ple here  referred  to,  in  a  manner  the  most  subversive  of 
the  ends  of  justice,  and  the  most  dangerous  to  the  security 
of  the  community.  None  will  question  the  truth  here 
presented,  and  none  can  compute  the  number  of  crimi- 
nals who  have  been  let  loose  upon  society,  free  of  all 
penalty,  and  emboldened  and  hardened  by  a  first  impu- 
nity, nor  form  any  conception  of  the  amount  of  evil  which 
had  its  origin  in  this  cause,  in  casting  upon  the  adminis- 

*  James  Summons,  now  in  our  jail,  where  he  has  been  for  the  last  four 
years,  has  been  three  times  tried  for  his  life  on  the  same  offense  ;  twice 
convicted  of  the  most  atrocious  murder,  once  sentenced  and  the  day  of 
exesutioii  fixed.  Two  years  have  passed  since  the  law  demanded  his 
d#ath,  but  he  still  lives.  He  has  cost  the  State  more  than  $15,000.  If 
the  penalty  for  his  crime  had  been  the  penitentiary  for  life,  he  would  long 
since  have  been  an  inmate  of  that  institution,  and  put  to  some  useful  em- 
ployment, which  is  his  proper  place.  The  case  of  Arrison  is  very  nearly 
similar.  He  should  now  be  diligently  at  work  in  our  State  prison.  Can- 
not the  public  perceive  that  it  is  the  gallows  which  facilitates  the  escape 
of  these  men? 

14 


162  SIXTH    REASON    FOR   ABOLISHMENT. 

tration  of  the  law  an  uncertainty  in  the  last  degree  pre- 
judicial to  all  the  policy  of  penal  justice." 

Again  he  remarks:  "There  can  be  no  criminal  lawyer 
in  this  State,  of  any  extended  practice  or  observation,  by 
whom  the  remark,  that  the  uncertainty  of  conviction  for 
capital  offenses  has  grown  almost  into  a  proverb,  will  not 
be  received  as  a  truism.  Juries  will  always  be  power- 
fully swayed  in  judgment  as  well  as  feeling,  by  the  hor- 
ror of  shedding  blood,  which  the  laws  of  Grod  have  too 
deeply  planted  in  the  hearts  of  all  to  be  eradicated, 
however  it  may  be  weakened  by  the  influence  of  any  laws 
of  man.  In  the  clearest  cases  it  is  constantly  seen  that 
they  will  not  convict.  They  will  violate  their  oaths 
under  a  thousand  pleas  of  technical  deficiencies  or  im- 
perfections of  evidence,  however  immaterial."^ 

The  feeling  that  exists  on  this  subject  is  seen,  as  we 
have  already  intimated,  in  the  reluctance  with  which 
many  consent  to  act  as  jurymen.  We  have  already  men- 
tioned several  instances  occurring  in  our  State,  illustra- 
tive of  this  fact.     Many  more  might  be  adduced. 

On  the  trial  of  Howard,  in  Dover,  New  Hampshire, 
some  years  ago,  seven  hundred  persons  were  excused  or 
set  aside,  before  a  panel  was  made  up. 

In  the  case  of  Shelby,  of  Kentucky,  on  his  trial,  the 
jury  could  not  agree,  and  were  discharged;  six  or  eight 
of  them,  and  the  Judge,  were  hung  in  effigy.  Afterward, 
in  attempting  his  second  trial,  nearly  every  man  in  the 
county,  who  was  competent  to  sit  as  a  juror,  was  sum- 
moned, but  the  panel  could  not  be  filled. 

In  Kleim's  case,  in  New  York,  after  the  panel  was 
exhausted,  it  was  necessary  to  summon  talismen,  and 
nearly  a  whole  day  was  spent  in  filling  up  the  jury.  So 
in  the  case  of  Q-ordon,  in  Rhode  Island.     It  was  said 

*0'Sullivan's  report  to  the  Legislature  of  New  York  in  1813. 


THE   DEATH    PENALTY    DIFFICULT    TO    ENFORCE.    163 

that  "  not  a  man  in  the  city  of  Providence,  would  con- 
sent to  sit  on  his  trial."* 

These  are  extreme  cases,  we  grant,  but  the  feeling  of 
reluctance,  and  the  sentiment  which  gives  it  birth,  pre- 
vail, to  a  greater  or  less  extent,  in  all  communities.  They 
are  pronounced  by  some  to  be  an  indication  of  weakness, 
and  condemned  as  a  hurtful  evil,  preventing  the  execu- 
tion of  law  and  facilitating  the  escape  of  the  criminal. 
Hence  we  are  called  upon  to  stifle  all  such  feelings — to 
trample  our  foolish  whims  and  opinions  in  the  dust,  and 
lend  our  influence  to  assist  in  making  the  law  we  have, 
potent,  by  making  its  execution  certain. 

But  we  reply,  this  was  the  same  argument  used  by  our 
stern  old  fathers  a  century  ago,  in  Connecticut  and  Massa- 
chusetts, when  their  fellow  men  manifested  some  slight 
signs  of  aversion  to  the  law  that  would  crop  the  ears, 
scourge  the  backs,  and  bore  the  tongues  of  men  for 
being  Quakers;  yea,  that  would  shut  them  in  jails, 
banish  them  out  of  the  colony,  sell  them  as  slaves,  and 
hang  them  on  gibbets,  simply  for  worshipping  God  after 
the  dictates  of  their  own  consciences.  Those  who  cher- 
ished a  little  spark  of  humanity  and  ventured  to  say, 
"is  not  this  punishment  too  severe?"  or  "is  it  neces- 
sary?" or,  "  is  it  Christian  ?"  were  pronounced  "weak- 
minded,"  and  were  told  that  they  harbored  sentiments 
that  were  exceedingly  injurious  both  to  religion  and  the 
State.  A  magistrate  of  Boston,  less  than  one  hundred 
years  ago,  rendered  his  name  everlastingly  odious  to  all 
men  of  the  "sterner  stuff,"  by  humanely  giving  back  to 
his  victim,  a  part  of  the  ear  he  had  officially  shorn  off, 
that  the  mutilated  member  might  be  restored  and  made 
whole.  Yes,  in  criminal  jurisprudence,  humanity  was 
everywhere    deemed   a  weakness   and   a  damning   evil. 

*  From  Rev.  W.  Y.  Emmet's  Thoughts  on  the  Death  Penalty. 


164  SIXTH   REASON   FOR  ABOLISHMENT. 

So  in  theology;  pity  for  the  damned  was  a  mark  of  fee- 
bleness in  mind  and  faith.  Even  for  a  woman  to  weep 
over  the  endless  burnings  of  her  own  (non-elect)  infant 
child  in  the  flames  of  hell,  was  deemed  childish  and 
wrong.  But  the  natural  feelings  and  affections  of  the 
human  soul  would,  at  times,  burst  out  from  the  iron 
shackles  of  a  stern  and  unrelenting  creed,  and  assert  their 
claims  in  startling  tones  of  sympathy  and  denunciation. 
Hence  exclaimed  Dr.  Edwards,  in  rebuking  this  spirit: 
"  What  has  more  especially  given  offense  to  many,  and 
raised  a  loud  cry  against  the  doings  of  some  preachers, 
as  though  their  conduct  was  intolerable,  is  their  fright- 
ening innocent  children  with  talk  of  hell-fire  and  eter- 
nal damnation.  But  do  not  these  people  believe^  in  com- 
mon with  the  whole  country,  that  they  are  by  nature 
children  of  wrath  and  heirs  of  hell?  And  that  every  one, 
whether  he  be  young  or  old,  is  exposed  every  moment  to 
eternal  destruction,  and  wrath  of  Almighty  God?  This 
complaint  and  cry,  then,  about  frightening  little  children, 
betrays  a  great  deal  of  weakness  and  inconsideration."* 

But  did  the  stern  rebuke  of  the  Church,  or  the  united 
influence  of  creeds  and  the  clergy  stifle  and  put  out 
the  fires  of  tender  affection,  which  God  himself  had 
kindled  upon  the  altar  of  every  mother's  breast  for  the 
child  she  bears,  and  that  pillows  upon  her  breast?  Oh 
no!  It  has  exerted  its  supremacy; — it  has  saved  the 
object  of  its  affection  and  solicitude — it  has  made  it  an 
angel  of  light  and  crowned  it  with  immortal  glory. 
Nothing  short  would  satisfy  the  longings  of  the  affec- 
tionate mother  for  the  happiness  of  her  offspring.  So 
with  the  sentiments  that  prevailed  with  reference  to  the 
criminal.  They  were  stern  and  cruel.  But  humanity, 
enstamped  upon  the  souls  of  -God's  creatures,   directed 

*  Jonathan  Edwards  of  Connecticut,  in  1750. 


THE    DEATH    PENALTY    DIFFICULT    TO    ENFORCE.     165 

by  intelligence  and  a  more  divine  religion,  lias  asserted 
its  claims.  It  has  grown  in  the  human  heart,  till  now 
it  manifests  reluctance  to  destroy  the  life  of  a  fellow 
creature  for  any  crime,  and  asks,  "  Is  it  necessary  to  kill 
this  brother?  Can  we  not  put  him  to  a  better  use?  Is 
the  act  Christian?"  And  this  is  called  ^^ weakness.''^ 
And  we  are  admonished  to  stand  right  up  to  the  demands 
of  the  law,  and  choke  men,  and  women,  and  children, 
with  strong  nerves  and  willing  hands,  without  waiting 
to  inquire  into  the  necessity  or  expediency  of  the  act. 
But  would  men  have  us  go  back  to  the  days  of  heathen 
barbarity?  Would  they  have  us  kill  simply  because  our 
fathers  killed,  or  out  of  a  spirit  of  revenge  ?  This  will 
never  do.  Rather  let  us  keep  our  eyes  fixed  upon  Christ, 
the  glorious  star  of  Bethlehem — have  faith  in  his  law  as 
the  best  and  safest,  and  follow  "upward  and  onward  "  in 
the  light  of  benevolence  and  justice.  God  forbid  that 
we  should  leave  the.  "light  of  life,"  and  go  back  into 
the  "darkness  of  death!"  Men  will  not  go  back.  This 
is  evident.  The  march  of  the  intellect  and  the  heart  is 
forward.  Hence,  we  repeat,  the  Death  Penalty  cannot  he 
enforced,  in  most  of  our  States,  only  in  rare  cases. 

How  unwise,  how  impolitic,  to  retain  a  law  which 
involves  interests  so  important,  with  which  the  public 
mind  has  no  sympathy,  and  which,  therefore,  cannot  be 
executed;  for  so  long  as  it  cannot  be  executed,  it  defeats 
the  very  object  it  is  designed  to  effect.  The  principal 
object  of  the  gallows  is  to  protect  society  against  the 
assassin.  But,  instead  of  this,  as  we  have  seen,  it  stands 
directly  in  the  way  of  such  protection  in  consequence 
of  the  difficulty  to  tonvict  the  offender;  and  if  not  con- 
victed, he  is  liberated ;  whereas,  if  the  penalty  were  im- 
prisonment for  life,  juries  would  convict — all  reasonable 
minds  would  approve  the   law — public   sympathy  would 


166  SIXTH    REASON    FOR    ABOLISHMENT. 

beat  in  its  favor — it  would  be  effective,  for  all  law  is 
trebly  strong  which  comports  with  the  moral  sympathy 
of  the  community — the  offender  would  be  secured,  and 
thus  society  would  be  protected. 

HOW   IT    WORKS   IN   ENGLAND. 

The  wise  men  of  England  and  France  have  seen  the 
operation  of  the  principle  involved  here,  and  have  grad- 
ually softened  their  penal  codes  to  keep  pace  with  the 
growth  of  humanity  and  intelligence,  till,  instead  of 
having  nearly  two  hundred  offenses  punishable  with 
death,  upon  their  statute  books,  there  is  but  one  crime  for 
which  they  actually  kill  at  the  present  time. 

Says  an  English  writer:  "Such  was  the  effect  of  the 
Death  Penalty  on  the  public  mind,  that  the  leading  juries 
of  the  country  looked  on  perjury  as  an  amiable  weak- 
ness^ and  even  valued  themselves  on  an  act  which  shakes 
purity  and  justice  to  the  very  center."  Though  sworn 
to  return  a  verdict  "  according  to  the  law  and  the  tes- 
timony," they  did  not  scruple  to  falsify  their  oaths  and 
go  counter  to  the  law  and  the  testimony,  to  save  the  life 
of  the  offender. 

Lord  Suffield,  in  a  speech  to  Parliament,  on  this 
subject,  in  1834,  said  that  he  "held  in  his  hand  a  list 
of  five  hundred  and  fifty -five  perjured  verdicts,  delivered 
at  the  Old  Bailey  in  fifteen  years,  beginning  with  1814 
and  ending  with  1829,  for  the  single  offense  of  stealing 
from  dwellings,  the  value  of  the  goods  stolen  being  in 
these  cases  sworn  to  be  above  forty  shillings,  the  penalty  of 
which  was  death."  How  did  the  jurors  save  the  offend- 
ers? As  follows.  They  were  under  the  necessity  of 
pronouncing  them  guilty,  but  at  the  same  time  they  re- 
turned the  value  of  the  amount  stolen  less  than  forty  shil- 


THE   DEATH   PENALTY    DIFFICULT   TO   ENFORCE.    167 

lings.  No  matter  what  was  sworn  to  be  the  amount 
stolen,  this  was  invariably  the  verdict. 

A  woman  was  proven  to  have  stolen  a  ten  pound  note 
— that  or  nothing.  The  jury  found  her  guilty  of  steal- 
ing thirty-nine  shillings.  A  man  was  convicted  of  steal- 
ing a  pocket-book  containing  bank  notes  to  the  amount 
of  eighty  pounds,  and  drafts  to  the  amount  of  twenty; 
the  verdict  was,  "  guilty  of  stealing  thirty -nine  shillings.^^ 
The  same  verdict  was  given  in  the  case  of  a  woman  con- 
victed of  stealing,  on  her  own  confession.,  gold  coins,  to  the 
amount  of  sixty- three  shillings,  and  other  money  to  the 
amount  of  forty-four — to  wit:  ^'■stealing  thirty-nine  shil- 
lings.^^ Even  the  judges  sympathized  with  the  condition 
of  the  offender,  and  often  suggested  to  the  jury  what 
verdict  to  return.  In  one  case,  a  man  had  stolen  a  val- 
uable watch.  Lord  Mansfield,  feeling  anxious  to  save 
his  life,  directed  the  jury  to  bring  in  its  value  at  ten 
pence.  "Ten  pence!  my  lord,"  exclaimed  the  anxious 
owner,  "why  the  very  fashion  of  it  cost  me  fifty  shil- 
lings." "Perhaps  so,"  replied  his  lordship,  "but  we 
cannot  hang  a  man  for  fashion's  sake;"  and  the  verdict 
was  returned  as  directed. 

"Some  years  since, "says  the  London  Morning  Herald^  "a 
man  was  tried  at  Carnovan  for  forgery,  to  a  large  amount, 
on  the  Bank  of  England.  The  evidence  was  as  satisfac- 
tory to  the  guilt  of  the  prisoner  as  possible,  and  brought 
the  charge  clearly  home  to  him.  The  jury,  however, 
acquitted  him.  The  next  day  the  same  individual  was 
tried  on  another  indictment  for  forgery.  Although  the 
evidence  in  this  case  was  as  conclusive  as  in  the  former 
one,  the  jury  acquitted  the  prisoner.  The  Judge  (Chief 
Baron  Richards,)  in  addressing  the  prisoner,  expressed 
himself  in  these  remarkable  words:  "Prisoner  at  the 
bar — although  you  have  been  acquitted  by  a  jury  of  your 


168  BIXTH   REASON   FOR   ABOLISHMENT. 

countrymen  of  the  crime  of  forgery,  I  am  as  convinced 
of  your  guilt,  as  that  two  and  two  make  four."  A  short 
time  after  the  conclusion  of  the  sessions,  I  met  with  one 
of  the  jurymen,  and  expressed  to  him  my  surprise  at  the 
acquittal  of  the  man  who  had  been  tried  for  forgery. 
He  immediately  answered  me  in  the  following  words: 
"Neither  my  fellow  jurymen  nor  myself  had  the  least 
doubt  of  the  prisoner's  guilt;  but  we  were  unwilling  to 
bring  in  the  verdict  of  guilty,  because  we  were  aware 
that  the  prisoner  would  have  been  punished  with  death 
— a  penalty  which  we  conceived  to  be  too  severe  for  the 
offense." 

Such  was  the  feeling  against  Capital  Punishment  in 
England.  And  the  consequence  was,  that  during  nine 
years,  out  of  eight  hundred  and  eight  committed  on  cap- 
ital offenses,  no  less  than  three  hundred  and  thirty-four, 
or  nearly  one-half,  were  acquitted.  While  of  five  hundred 
and  fifty-eight  persons  committed  on  charges  not  capital, 
only  fifty-seven,  or  a  little  more  than  one-tenth,  were  ac- 
quitted. England  perceived  the  unfavorable  operation  of 
a  law  so  stringent;  that  it  was  unsafe,  and,  therefore,  im- 
politic. She,  therefore,  raised  the  capital  indictment  to 
sixty  sMlUngs,  instead  of  forty.  But  this  would  not  an- 
swer. Juries  simply  put  the  amount  stolen  to  fifty-nine 
shillings,  instead  of  thirty-nine,  thus  saving  the  offender. 
She  then  wiped  all  such  laws  from  her  statute  books,  and 
to  her  surprise  discovered  from  actual  experience  that 
this  act  of  clemency  did  not  increase,  but  actually  less- 
ened the  amount  of  crime.  For  now  villians  could  be 
secured. 

HOW   IT   WORKS   IN   FRANCE. 

The  experience  of  France  corresponds  with  that  of 
England.     Speaking  of  French  juries,  M.  C  Lucas,  an 


THE    DEATH    PENALTY    DIFFICULT    TO    ENFORCE.     169 

eminent  French  jurist,  says:  "There  is  scarcely  a  list, 
at  the  present  day,  which  does  not  contain  men  who 
experience  a  conscientious,  and  almost  invincible  repug- 
nance, to  send  one  of  their  fellow  beings  to  the  scaffold." 

In  1832,  an  alteration  in  the  penal  law  of  France  em- 
powered juries  to  state,  in  their  verdicts  of  guilty,  that 
the  crime  was  committed  under  extenuating  circumstances. 
When  this  is  done  in  capital  cases,  the  punishment  is 
commuted  to  a  milder  penalty.  Now  mark  the  result : 
In  a  single  year,  (1834,)  out  of  one  hundred  and  thirty- 
six  verdicts  of  guilty  in  capital  indictments,  one  hundred 
and  eleven  had  the  qualifying  clause  in  them  which  saved 
the  offender's  life.  Only  twenty-five  out  of  the  hun- 
dred and  thirty-six,  were  sentenced  to  be  executed,  and 
six  of  these  received  a  commutation  of  punishment.  So 
that  only  nineteen,  less  than  one-seventh^  of  the  whole 
number,  suffered  the  extreme  penalty  of  the  law. 

Suppose,  now,  that  this  were  the  law  in  Ohio,  or  Ken- 
tucky, Indiana  or  New- York,  how  many  verdicts  of 
guilty,  in  capital  cases,  would  be  returned  without  the 
extenuating  clause  to  save  the  offender's  life  ?  Judging 
from  "  what  we  know,"  every  man  is  ready  to  answer, 
^^  not  one.''  For  all  this  corresponds  precisely  with  the 
history  of  criminal  jurisprudence  in  our  own  coun- 
try, as  the  criminal  records  of  Ohio,  New-England, 
New- York,  Pennsylvania,  and  all  the  southern  and 
western  States,  will  testify. 

For  instance,  the  only  crime  punishable  with  death 
in  Pennsylvania,  is  wilful  murder.  Now,  from  the  year 
1795  to  the  year  1845,  there  were  one  hundred  and 
eleven  persons  brought  before  the  court  for  the  city 
and  county  of  Philadelphia,  charged  with  this  offense. 
Of  these,  only  ten  were  convicted.  The  remaining  one 
hundred  and  one  were  acquitted,  and  returned  to  society. 


170  SIXTH    REASON   FOR   ABOLISHMENT. 

How  eflfectual  is  the  gallows  in  the  protection  of  society 
m  Philadelphia! 

But  look  again.  Man-slaughter,  robbery,  arson,  rape, 
and  highway  robbery  are  not  punishable  with  death  in 
Pennsylvania.  During  the  time  stated  above,  viz  :  from 
the  year  1795,  to  the  year  1845,  five  hundred  persons 
were  brought  before  the  same  court,  charged  with  these 
crimes.  Of  these  three  hundred  and  forty-four  were 
convicted,  and  only  one  hundred  and  fifty-six  acquitted. 
How  great  the  difference,  and  how  much  more  certain  of 
conviction.  Is  there  not  good  reason  for  believing  that 
if  the  penalty  for  murder  had  been  imprisonment  for 
life,  instead  of  the  gallows,  a  much  larger  number  of 
those  charged  with  this  crime  would  have  been  convict- 
ed, and  thus  secured  ? 

From  all  this  we  must  see  that  the  Death  Penalty  in 
our  country,  is  unsafe,  impolitic,  of  no  utility,  and  is  not 
necessary  to  individual  or  social  protection,  but  is  the 
direct  and  positive  means  of  the  escape  of  tens  of  thou- 
sands of  guilty  men  and  women,  and  should,  therefore, 
be  abolished. 


CHAPTER  XII. 

SEVENTH  REASON  FOR  ABOLISHMENT. 

EXECUTIONS,  DELETERIOUS  AS  EXAMPLES. 

The  Gallows  believed  to  he  indispensahle  as  a  Preventire  against  Crime— Is  a  terror 
to  Evil-Doers— This  is  an  Error— The  reverse  is  true  Facts  adduced  in  Proof— The 
Gallows  is  hidden  from  the  Public  in  fifteen  States— Lecount's  Execution— Certainty 
of  Puuishment  more  salutary  than  Severity -Opinion  of  Jurists  How  it  worked  iu 
Englandand  other  Countries— Interesting  Incidents— Testimony  of  Kantoul  and  Liv- 
ingston—Proofs Conclusive. 

In  this  stage  of  our  investigations,  the  objector  is  dis- 
posed to  remind  us  of  what  he  deems  a  very  important 
fact  in  connection  with  this  question,  viz:  that  the 
gallows  is  indispensable  as  a  preventive  against  crime.  It 
is  an  example  of  "terror  to  evil  doers" — a  dreadful 
"warning  to  the  offender,"  and  thus  a  safeguard  to 
society. 

This  is  the  opinion,  we  are  aware,  which  has  almost 
universally  prevailed  from  time  immemorial.  But  what 
a  mistake !  As  strange  as  it  may  appear  to  those  who 
have  given  the  subject  but  little  investigation,  ^ws?  the  re- 
verse of  this  is  true,  as  the  history  of  crime  in  any  and  all 
countries  will  testify.  Hanging,  as  an  example,  is  not  bene- 
ficial. It  will  not  deter  men  from  crime.  It  is  no  warn- 
ing to  the  offender,  but  its  tendency  is  to  debase,  and  harden 
the  heart;  to  fan  the  flame  of  hatred,  and  to  multiply  mur- 
derers instead  of  diminishing  the  number,  and,  for  this  rea- 
son, should  be  abolished. 

riTl) 


IT!!"  SEVENTH   REASON   FOR  ABOLISHMENT. 

If  executions  are  so  moral  in  their  tendency,  and  so 
necessary  as  examples,  why  hide  the  gallows  from  the 
multitude?  Why  kill  the  offender  privately,  in  the  jail 
or  jail-yard,  shutting  out  and  positively  forbidding  the 
presence  of  any  but  a  favored  few,  who  are  permitted  to 
be  present,  by  cards  of  invitation?  Twenty  years  ago,  a 
private  execution  was  unknown.  Men,  and  women,  and 
children,  were  strangled  in  the  open  streets  and  fields, 
where  the  example  could  be  witnessed  by  from  five  thou- 
sand to  fifty  thousand  persons.  Now,  fifteen  of  our 
thirty-two  States  have  decreed  that  all  executions  shall 
be  utterly  hidden  from  public  view ;  none  can  be  admit- 
ted but  a  select  few,  such  as  clergymen,  judges,  lawyers, 
and  newspaper  reporters.  Three  years  ago,  a  man  was 
hung  in  the  jail-yard  of  Cincinnati.  Not  for  twelve  long 
years  had  an  example  of  killing,  to  prevent  the  crime  of 
murder,  been  presented  in  Hamilton  county,  and  deeds 
of  blood  were  becoming  uncommonly  prevalent.  "  Some- 
body must  be  strangled  as  a  terror  to  evil-doers,  or  blood 
will  run  like  water."  So  said  the  ministers  of  God;  so 
said  the  dignified  judges,  and  especially  loafing,  profane 
and  drunken  policemen  and  constables.  Lecount*  was 
accordingly  fixed  upon  as  the  man  to  be  executed  as  an 
'  example;  not  because  he  was  guilty  of  any  aggravated 
crime,  but  because  he  had  been,  previously,  two  years 
in   the  State    prison — had  no  money,  but  few  friends, 

*  Henry  Lecoant  was  executed  for  killing  a  man  equally  as  quarrelsome 
and  dangerous  as  himself,  in  a  drunken  fight.  Strictly,  the  deed,  was 
man-slaughter.  The  man  whom  he  killed  had  been  intimate  with 
Lecount's  wife  during  his  absence  ;  boasted  at  the  time  of  the  fight  of 
what  he  had  done,  and  swore  that  he  would  continue  his  visits  in  spite 
of  Lecoant.  With  gentlemen,  this  would  have  been  deemed  a  sufficient 
provocation  for  shooting  the  offender ;  and  if  prosecuted,  a  discharge 
would  have  been  the  result.  Lecount  was  hung,  while  "Jim  Summons," 
who  was  guilty  of  a  most  diabolical  murder,  and  who  was  then  in  jail 
under  sentence  of  death,  simply  looked  on,  swearing  that  he  "  should  not 
be  hung,  for  the  old  man,"  (his  father,)  "is  rich."  He  was  right— and  is 
still  living. 


EXECUTIONS   DELETERIOUS   AS   EXAMPLES.  173 

and  could  as  well  be  spared  from  society  as  not,  thougli 
his  poor  old  mother,  and  brothers  and  sisters,  were  over- 
whelmed with  grief  and  sorrow  at  the  awful  event. 

Hearing  that  this  unfortunate  man  desired  to  see  me 
on  the  morning  of  his  execution,  I  went  to  the  jail-yard, 
and  asked  to  be  admitted,  but  was  refused,  the  keeper 
at  the  gate  declaring  that  his  orders  were  positive,  to 
admit  none  but  those  who  brought  cards  of  invitation. 
The  yard  is  surrounded  by  a  high  and  strong  wall,  but 
the  sheriff,  to  prevent  the  possibility  of  any  one  seeing 
from  the  windows,  and  tops  of  the  surrounding  buildings 
and  trees,  had  taken  the  precaution  to  erect  a  house,  suf- 
ficiently large  to  accommodate  the  spectators,  over  the 
gallows.  Thus  it  was  entirely  hidden  from  those  without. 
Though  early  in  the  morning,  when  we  were  there,  hun- 
dreds had  collected  around  the  yard,  and  in  the  streets, 
and  on  the  tops  of  buildings,  in  hopes  to  catch  a  glimpse 
of  the  scene  within,  or  hear  the  creaking  of  the  gallows, 
or  listen  to  some  parting  words  of  the  doomed  man. 
They  were  a  ragged,  drunken,  profane,  cut-throat  appear- 
ing crew,  of  all  nations  and  colors — men,  women  and 
children,  peering  through  the  crevices  in  the  wall — 
smoking,  chewing,  drinking  and  cracking  jokes,  or  each 
other's  heads.  Mothers,  with  their  babes  at  the  breast, 
seemed  as  intently  interested  as  any  persons  present. 
Why  not  admit  tJiese^  thought  I,  as  well  as  ministers, 
judges,  lawyers  and  reporters,  as  I  gazed  upon  the 
scene  before  me  ?  Do  they  not  as  really  need  the  exam- 
pie  ?  A  noisy,  drunken  loafer,  surrounded  by  a  throng 
of  ragamuffins,  was  at  the  gate,  contending  for  his  right 
to  be  let  in  to  see  the  show.  He  swore  that  he  had  trav- 
eled one  hundred  miles  "to  see  the  fellow  swing,"  and 
that  "no  man  had  a  better  right  to  a  peep  at  the  gal- 
lows!"    Why  not  gratify  this  man's  curiosity,  especially 


174  SEVENTH   REASON   FOR   ABOLISHMENT. 

when  the  main  object  of  the  hanging  was  to  terrify 
evil-doers?  Perhaps  the  effect  would  be  salutary  upon 
his  heart ! 

Why,  the  very  men  who,  of  all  others,  need  the  "exam- 
ple "  as  a  "warning,"  are  denied,  by  the  law  itself,  the 
benefit  of  the  example.  They  are  ever  ready  to  perform 
their  part.  "Evil  doers  "  are  the  persons,  of  all  others, 
to  exhibit  themselves  at  a  hanging.  They  are  eager  to 
witness  the  dying  struggles  of  a  fellow  creature.  But 
the  State  says  peremptorily,  they  shall  not  witness 
them.  How  inconsistent.  First  it  declares  the  necessity 
of  hanging  as  an  example^  and  then  it  builds  a  house 
over  the  gallows,  lest  the  "evil-doer"  should  witness  the 
example.  We  ask  again,  why  all  this  privacy?  this  hid- 
ing the  gallows  from  public  view?  this  strangling  of  men 
and  women  in  the  dark  and  in  a  corner?  if  executions  are 
so  salutary  in  their  influence^  and  so  necessary  as  a  terror  to 
evil-doers! 

The  truth  is,  the  observing,  thinking  part  of  the  com- 
munity, especially  jurists,  have  come  to  know  that  public 
executions  have  no  salutary  effect  as  "examples,"  but 
tend  to  make  criminals,  rather  than  reform  those  already 
made.  Vengeance  never  softens,  but  always  hardens. 
''Satan  cannot  cast  out  satan."  "The  spirit  of  God  "  alone 
will  accomplish  this  work.  It  is  not  by  the  influence  of 
a  revengeful  or  bloody  act,  that  an  unholy  passion  is 
allayed.  If  you  would  have  men  remorseless,  familiarize 
them  with  blood.  Put  them  in  the  slaughter-house  or 
army.  A  wretch  who  was  executed  in  Exeter,  Eng- 
land, on  being  removed  from  the  bar  after  the  sentence 
of  death  had  been  passed  upon  him,  exclaimed  to  the  by- 
standers :  "I  have  killed  plenty  of  men  to  please  the 
king,  and  why  should  I  not  kill  one  to  please  myself?" 
Another  soldier,  taken  up  for  wantonly  shooting  a  man 


EXECUTIONS   DELETERIOUS   AS   EXAMPLES.  175 

at  Lestwithiel  in  1814,  in  witnessing  the  horror  and  ag- 
itation of  the  peaceful  townsmen,  very  coolly  observed: 
"  Here  is  a  pretty  fuss  about  killing  one  man  ;  why  I've 
seen  thousands  killed.  It's  nothing!"  Executioners, 
however  "chicken-hearted,"  when  introduced  to  the 
awful  duties  of  their  avocation,  have  found  themselves 
at  home,  after  a  little  practice.  A  writer  in  witnessing 
the  strangling  of  seven  men  in  Portugal  some  years  since, 
merely  for  "entertaining  constitutional  principles,"  de- 
scribes the  scene  as  follows : 

"  One  at  a  time  ascended  the  platform,  up  a  broad  flight 
of  steps,  accompanied  by  two  priests,  as  in  the  procession, 
and  was  immediately  placed  on  the  seat,  with  his  back  to 
an  upright  post.  The  hangman,  a  miserable  wretch, 
walking  with  a  crutch,  then  secured  the  legs,  the  arms  and 
body  of  the  unhappy  man,  with  cords;  and  placing  a  short 
cord  round  his  neck  and  round  the  post,  he  put  the  hood 
over  the  face,  and  then,  going  behind  the  post,  intro- 
duced a  short,  thick  stick,  and  giving  it  four  or  five  turns, 
produced  strangulation.  The  body  was  then  untied,  and 
laid  at  a  convenient  distance,  and  another  brought  up 
from  the  foot  of  the  scafi'old,  until  the  whole  had  suffer- 
ed. The  youngest,  or  least  criminal,  was  executed  first; 
and,  as  each  occupied  fifteen  to  twenty  minutes,  the  last 
had  to  endure,  for  at  least  two  hours,  the  horrid  sight  of 
the  sufferings  of  his  fellow  prisoners.  The  mind  can 
scarcely  imagine  a  more  dreadful  state  of  mental  suffer- 
ing. When  the  whole  were  strangled,  the  hangman 
wiped  his  face^  and^  seating  himself  in  the  fatal  seat,  coolly 
smoked  a  segar,  regaled  himself  with  a  hottle  of  wine,  and 
then,  placing  a  block  of  wood  under  the  neck,  proceeded 
to  cut  off  the  heads,  from  which  the  blood  flowed  co- 
piously in  streams  from  the  platform;  then,  collecting 
the  cords,  and  coolly  wiping  the  hatchet  and   knife,  on 


176  SEVENTH    REASON    FOR   ABOLISHMENT. 

one  of  the  white  dresses,  he  left  the  platform,  first  throw- 
ing the  heads  and  bodies  in  a  heap,  over  the  iron  grat- 
ing below.  The  fire  was  kindled,  and  in  a  few  minutes 
the  whole  was  in  a  blaze.  By  six  o'clock,  the  whole  was 
burnt  to  ashes,  when  a  gang  of  galley-slaves,  with  irons 
on  their  legs,  took  the  ashes  in  hand-barrows,  and  threw 
them  into  the  Tagus." 

Here  was  a  man  who  was  constantly  witnessing  the 
"examples"  of  executions,  and  behold  what  an  unfeeling 
wretch  he  became.  With  how  little  compunction  of 
conscience  could  he  have  murdered  any  man.  When  the 
guillotine  was  freely  used  during  the  reign  of'  terror  in 
France,  children,  instead  of  becoming  fearful  of  its  name, 
introduced  the  practice  into  their  very  plays,  and  amused 
themselves  with  guillotining  cats,  dogs  and  chickens, 
to  supply  the  place  of  the  executions  which  had  become 
less  frequent.  Here  is  the  direct  and  certain  influence 
of  sanguinary  punishments.  They  have  never  pro- 
duced a  deep  and  solemn  impression  on  the  mind,  and 
awakened  within  it  kindly  feelings  and  emotions,  but 
directly  the  reverse.  In  proof  of  which  I  will  adduce  a 
few  out  of  many  cases  that  have  occurred  both  in  This 
country  and  Europe. 

INFLUENCE    OF    HANGING    IN    OUR   OWN    COUNTRY. 

The  last  man  executed  in  the  State  of  Maine,  was 
Safer,  who  was  hung  in  Augusta,  in  the  year  1834. 
Thousands  came  from  far  and  near  to  witness  the  death 
struggles  of  the  man.  Word  was  circulated  just  before 
the  hour  of  execution,  that  he  was  to  be  reprieved,  when 
hundreds  were  filled  with  the  most  dreadful  rage,  and 
swore  that  he  should  be  hung  at  all  events.  Drunken- 
ness, profanity  and  fighting  were  the  order  of  the  day. 
Never  before   nor  since,  was   Augusta  so  disgraced  with 


EXECUTIONS   DELETERIOUS   AS    EXAMPLES.  177 

rowdyism  and  crime.  A  large  body  of  police  were 
brought  into  service,  "  and  the  very  jail  which  had  just 
been  emptied  of  a  murderer,  threw  open  its  doors  to  re- 
ceive those  who  came  to  profit  by  the  solemn  example  of 
U7i  execution.^  No  less  than  seven  men  were  placed  in  the 
very  cell  from  which  Safer  had  just  been  taken  to  the 
gallows.'' 

"On  the  day  of  Lechler's  execution  in  Pennsylvania, 
some  years  ago,  the  usual  scenes  of  vice  and  brutality 
were  witnessed,  and  crime  flourished  rankly  on  its  favor- 
ite soil,  the  execution  ground.  Twenty-eight  offenders 
of  various  grades  were  committed  to  Lancaster  jail  that 
night,  and  many  others  escaped,  or  the  jail  would  have 
been  overflowed.  One  of  the  spectators  on  his  way  home 
murdered  another,  and  was  arrested,  and  his  limbs  con- 
fined with  the  same  irons  ivhich  had  scarcely  been  laid  aside 
long  enough  by  Lechler  to  get  cold. 

"After  the  execution  of  Lechler,  in  Pennsylvania, 
had  gratified  the  people  about  York  and  Lancaster,  with 
the  spectacle  of  his  death,  and  produced  its  proper  com- 
plement of  homicide  and  other  crimes,  a  poor  wretch 
was  condemned  to  die  in  another  part  of  the  State,  where 
the  people  had  not  been  indulged  with  such  a  spectacle. 
They  collected  by  thousands — tens  of  thousands.  The 
victim  was  brought  out — all  the  eyes  in  the  living  mass 
that  surrounded  the  gibbet  were  fixed  on  his  countenance, 
and  they  waited,  with  strong  desire,  the  expected  signal 
for  launching  him  into  eternity.  There  was  a  delay. 
They  grew  impatient.  It  was  prolonged,  and  they  were 
outrageous.  Cries,  like  those  which  precede  the  tardy 
rising  of  the  curtain  in  a  theater,  were  heard.  Impatient 
for  the  delight  they  expected  in  seeing  a  fellow-creature 

*  Report  of  a  Committee  of  the  Legislature  of  Maine  in  1835,  on  a  new 
bill  with  reference  io  Capital  Punishment. 


isr" 


SEVENTH   REASON   FOR   ABOLISHMENT. 


die,  they  raised  a  ferocious  cry.  But  when  it  was  at 
last  announced  that  a  reprieve  had  left  them  no  hope  of 
witnessing  his  agonies,  their  fury  knew  no  bounds ;  and 
the  poor  maniac,  (for  it  was  discovered  that  he  was  in- 
sane,) was  with  difficulty  snatched  by  the  officers  of  jus- 
tice, from  the  fate  which  the  most  violent  among  them 
seemed  determined  to  inflict."* 

Thomas  Barrett  was  executed  in  Worcester,  Massa- 
chusetts, on  the  3d  of  October,  for  rape  and  murder, 
and  on  the  14th  another  murder  was  committed  within 
a  few  rods  of  the  gallows,  and  not  long  after  a  rape  in 
the  same  county,  and  only  a  few  miles  from  Worcester . 
and  within  four  months,  four  cases  of  capital  crime,  and 
two  of  homicide,  not  capital,  were  committed  within  less 
than  a  day's  journey  from  the  place  of  Barrett's  execution. 

Several  years  ago  a  man  by  the  name  of  Strang  was 
hung  in  Albany,  New  York.  A  man  by  the  name  of 
Kelly  went  from  Otsego  to  Albany,  a  distance  of  seven- 
ty miles,  for  the  sole  purpose  of  seeing  Strang  executed, 
On  his  return,  he  seemed  entirely  engrossed  by  the  ex- 
hibition he  had  witnessed.  He  talked  of  nothing  else 
on  the  road  and  at  the  public  houses  where  they  stopped 
for  refreshment. 

A  man  lited  in  Kelly's  house,  by  the  name  of  Spaf- 
ford,  with  whom  he  had  had  some  little  difficulty.  In 
less  than  a  fortnight  after  Strang  was  hung,  an  alterca- 
tion occurred  between  Kelly  and  Spafford,  when  Kelly 
seized  a  loaded  gun,  and  shot  Spafford  through  the  heart. 
For  this  offense  he  was  tried,  convicted,  and  executed. 
There  was  not  a  particle  of  evidence  that  Kelly  was  in- 
sane at  the  time  he  perpetrated  the  horrid  act.  Here  was 
a  case  where  the  spectator  hastened  to  commit  the  •a.ne 

*  From  the  "Expediency  of  Abolishing  the  Punishment  of  Death,"  by 
Livingston. 


•  f 


EXECUTIONS   DELETERIOUS   AS    EXAMPLES.  179 

offense,  and  with  the  same  loeapon^  for  which  he  had  just 
seen  the  terrible  punishment  of  death  inflicted. 

On  the  evening  of  the  day  on  which  Kelly  was  hung, 
a  man  by  the  name  of  Cooke,  in  the  neighborhood  of 
Cooperstown,  who  was  present  at  the  execution,  commit- 
ted suicide  by  hanging.  Now,  may  not  the  philosophical 
inquirer  be  permitted  to  indulge  the  conjecture  that 
the  public  execution  of  Strang,  instead  of  tending  to 
preserve  life,  led  to  the  destruction  of  three  other  lives? 

Every  where  the  same  effects  are  produced  by  such 
public  exhibitions,  designed  as  examples  to  detej  men 
from  crime. 

Not  long  since,  a  man  by  the  name  of  Smith  was  hung 
in  Paris,  Kentucky,  for  the  murder  of  his  father. 

The  editor  of  the  Paris  Citizen,  in  speaking  of  the 
event,  says: 

"  This  was  the  third  execution  in  our  county  within 
the  last  thirteen  months,  and  it  has  convinced  us  more 
fully,  not  only  of  the  inutility  but  of  the  positive  evils 
of  public  executions.  The  effect  upon  the  public  mind, 
or  rather  upon  a  large  portion  of  those  who  had  collect- 
ed to  witness  the  solemn  scene,  seemed  to  be  the  reverse 
of  that  which  would  naturally  be  expected.  Instead  of 
producing  a  subdued,  solemn,  and  thoughtful  state  of 
feeling,  it  seemed  to  be  the  occasion  of  drinking,  merri- 
ment, and  riot.  We  have  rarely  seen  our  streets  filled 
with  a  crowd  so  noisy  and  unconcerned,  and  we  are  in- 
formed that  just  as  the  unhappy  convict  was  about  to  be 
launched  into  eternity,  a  rabbit,  starting  up,  was  followed 
by  the  shouts  and  hallooing  of  half  the  company  assem- 
bled around  the  gallows.  The  number  present  to  wit- 
ness the  terrible  scene  was  not  large.  Much  the  great- 
er proportion  of  our  thoughtful  and  respectable  citizens 
stayed  away  as  from  a  spectacle  painful  and  unsuited  to 
their  taste." 


180  SEVENTH   REASON   FOR   ABOLISHMENT. 

Yes,  and  we  may  add,  that  this  class  not  only  stayed 
away  themselves,  but  kept  their  negroes  away,  having 
become  convinced  that  examples  of  this  kind  produce 
no  salutary  effect  upon  the  mind  of  even  the  negro,  but, 
if  anything,  render  him  more  perverse  and  brutal. 
This  seems  the  uniform  testimony  of  observing  gentle- 
men with  whom  we  have  conversed  in  and  around  Paris. 
They  have  come  to  regard  the  influence  of  executions, 
to  be  just  the  reverse  of  what  was  once  universally  be- 
lieved to  be  indispensable  as   a  warning  to  the   offender. 

We  have  described  the  appearance  of  the  multitude 
around  the  jail  in  Cincinnati,  at  the  execution  of  Le- 
count.  This  man  was  hung,  as  we  have  said,  for  an 
"example  to  evil  doers."  The  execution  was  on  Friday- 
On  the  following  Saturday  night,  in  the  lower  part  of  the 
city,  one  man  was  stabbed,  in  a  bloody  affray,  and  anoth- 
er was  shot;  and  on  the  following  Sunday  night,  a  bru- 
tal murder  was  perpetrated  in  a  more  central  portion  of 
the  city,  on  the  body  of  a  man  who  was  beaten  to  death 
with  clubs.  Within  two  weeks,  there  were  seven  at- 
tempts at  murder.  It  is  literally  true  that  tJiere  was 
moi'e  crime  cornmitted  in  Cincinnati,  during  the  three 
months  following  that  execution,  than  ever  before  or  since  for 
the  same  length  of  time. 

We  do  not  assert  that  the  execution  of  Lecount  was 
the  cause  of  this  state  of  things :  but  we  do  assert  that 
the  example  of  his  execution,  was  no  "warning  to  evil 
doers,"  and  that  the  moral  condition  of  our  city  was  not 
at  all  improved  by  this  example.  The  same  can  be  said 
of  every  execution  which  has  ever  taken  place  in  Ohio. 

Two  men  were  hung  in  Columbus  some  years  since, 
and  "the  occasion  was  one  of  hilarity,  obscene  jest- 
ing, coarse  ribaldly,  drunkenness  and  crime."  Pick- 
pockets were  present  in  abundance,  and  men  were  cursing. 


EXECUTIONS   DELETERIOUS   AS   EXAMPLES.  181 

fighting,    and    thieving,  at    the    very   moment   of    the 
hanging. 

"Nearly  fifty  years  ago,  a  mulatto  boy,  about  16  years 
old,  was  convicted  of  burglary,  at  Paris,  Kentucky,  and 
sentenced  to  be  hung.  The  day  of  execution  turned  out 
to  be  a  very  cold,  wintry  day;  but,  notwithstanding  the 
inclemency  of  the  weather  and  bad  state  of  the  roads,  a 
great  crowd  of  men,  women  and  children  of  almost  every 
shade  of  color  and  of  character,  assembled  about  the 
gallows  at  an  early  hour,  remaining  in  the  cold  for  a 
long  time.  At  last  the  sheriff  arrived,  with  the  culprit 
riding  on  his  coffin  in  a  two-horse  wagon.  Stopping 
under  the  gallows  tree,  a  venerable  and  worthy  Presby- 
terian divine  (John  Lyle,)  got  into  the  wagon,  and  sung 
and  prayed  for  him;  at  the  conclusion  of  which,  the 
sheriff  adjusted  the  rope,  drew  the  cap  over  the.  culprit's 
face,  and  hallooed  to  those  in  front  of  the  horses,  'Clear 
the  way — clear  the  way,'  three  or  four  times.  Just  then  a 
voice  was  heard  in  the  distance:  'Stop  the  execution  ! 
a  reprieve!  a  reprieve!'  A  man  was  seen  on  horseback 
pressing  through  the  crowd,  and  when  in  reach  of  the 
sheriff,  handed  him  a  paper;  who,  after  opening  it, 
handed  it  to  the  minister.  The  clergyman  uncovered 
the  boy's  face,  called  his  attention  to  the  reading  of  the 
paper,  and  then  read  aloud ;  on  which  the  people  showed 
evident  signs  of  dissatisfaction  and  disappointment.  The 
preacher  then  appealed  to  the  boy;  reminding  him  of  how 
he  had  been  snatched  from  death's  door  through  the  in- 
strumentality of  the  Governor  ;  and  exhorted  him  always 
to  be  a  good  boy;  but  he  was  interrupted  by  the  tumul- 
tuous uproar  of  the  rabble,  who  with  oaths  were  express- 
ing their  disappointment.  To  a  young  man  standing 
near  him,  the  minister  said:  'Oh,  young  man,  young 
man,  how  can  you  give  utterance  to  such  profanity  on 


182  SEVENTH   REASON   FOR   ABOLISHMENT. 

an  occasion  so  solemn !  Are  you  not  glad  that  the  Govern- 
or has  reprieved  this  poor  hoy?'  'iVb,' said  he,  'I  wish  the 
Governor  was  in  h — 1.'  '0,  fie,  fie!'  exclaimed  the 
man  of  God,  and  left  the  ground.  The  young  man  contin- 
ued his  profane  harangue:  'Here,'  said  he,  'are  hundreds 
of  us,  who  have  been  shivering  and  suffering  in  the  cold 

for  hours,  expecting  to  see  that  d d  rascal  hung,  and 

now  the  Governor  has  set  him  at  liberty  and  cheated  us 
out  of  the  fun.  D — n  him,  I  wish  both  he  and  the 
nigger  were  in  h — 1!'  a  sentiment  which  appeared  to 
be  popular  with  the  crowd.  By  this  time  the  boy  was 
turned  loose,  and  when  he  leaped  from  the  wagon  to  the 
ground,  an  old  colored  woman  (said  to  be  his  mother,) 
caught  him  by  the  arm  and  said:  '  Bill,  Bill,  did  you  see 
dat  dam  old  prince,  (the  negro  wagoner)  jest  gwoing  to 
drive  de  cart  from  under  you  and  hang  you  ?'  'Yes,  I 
seed  de  dam  old  rascal;  but  neber  mine,  I'll  gib  him 
h — 1  for  dat  yet.'  This  raised  a  shout  among  the  row- 
dies, and  the  crowd  dispersed." 

I  should  not  omit  to  state  here  that  this  boy  was  hung 
a  year  or  two  after  this,  in  South  Carolina.  His  name 
was  Bill  Hardy.^  How  salutary  the  effect  of  the 
gallows ! 

But  we  turn  from  all  other  scenes  of  this  description, 
which  have  transpired  in  our  country,  to  mention  one  of 
a  diabolical  character,  that  has  just  occurred  in  our 
neighboring  state,  Illinois. 

A  man  by  the  name  of  A.  F.  Monroe,  was  convicted 
of  the  murder  of  his  father-in-law,  at  a  special  term  of 
the  Cole  county  court,  and  was  sentenced  to  be  hung,  on 
the  15th  of  February .f     On  that  day,  a  large  crowd  came 

*This  account  was  furnished  for  this  work  by  Mr.  Jesse  Kennedy,  an 
aged  gentleman  of  veracity,  who  has  resided  near  Paris  from  infancy,  and 
^ras  perfectly  acquainted  with  the  facts  at  the  time  they  transpired. 

tFebruary  15, 1856. 


EXECUTIONS   DELETERIOUS   AS   EXAMPLES.  183 

in  from  the  country  round  about,  to  witness  the  "exam- 
ple" about  to  be  presented  by  the  State  as  a  preventive  to 
crime.  Fathers  and  mothers  came  by  thousands,  bring- 
ing their  children,  large  and  small,  male  and  female,  that 
they  might  have  the  benefit  of  its  "salutary  influence." 
But  behold,  on  arriving  at  the  place  of  punishment,  they 
found  that  the  rumor  which  had  reached  them  at  their 
homes,  of  a  respite  from  the  Grovernor,  was  true.  The 
day  of  execution  had  been  deferred  till  the  15th  of  May. 
For  this  slight  cause,  the  crowd  in  their  rage,  broke 
through  the  wall  of  the  jail,  took  out  the  culprit,  and 
like  a  set  of  infuriated  demons,  murdered  him  with  their 
own  hands. 

The  following  particulars  of  this  dreadful  deed,  we  ex- 
tract from  the  (Illinois)  State  Register.  They  are  from 
the  pen  of  one  who  was  an  eye-witness  to  the  shock- 
ing scene: 

"The  crowds  continued  to  pour  into  Charleston  all 
that  day  and  the  next — men,  women  and  children — in 
all  kinds  of  conveyances,  and  from  all  parts  of  the  coun- 
try. By  11  o'clock,  on  Friday,  there  were  at  least  5,000 
persons  in  town,  who  came,  as  they  said,  "to  see  the  fun!" 

"At  12  o'clock,  M.,  the  crowd  began  moving  toward 
the  Court  House,  led  on  by  a  man  named  Cunningham, 
a  brother-in-law  of  the  prisoner,  who  harangued  the 
crowd,  saying  he  was  willing  to  postpone  the  execution 
for  a  short  time,  but  that  the  people  of  Coles  could  at- 
tend to  their  own  affairs  without  the  interference  of  the 
Governor. 

"After  the  speech  of  Cunningham,  a  man  named 
McNary  was  called  upon,  who  said,  speaking  of  the  pris- 
oner: 'Take  him  out,  G— d  d — m  him,  take  him  out, 
and  hang  him.' 

"After  the   speeches  of    the  above  named  man  and 


.i^ 


J^A 


184  SEVENTH  ^leEASON    FOR   ABOLISHMENT. 

others,  the  Co«fi't  House  bell  commenced  ringing,  which 
seemed  ioMo^  a  signal  for  an  attack  on  the  jail. 

"The  mob,  inflamed  and  excited  by  the  harangues  they 
had  heard,  rushed  en  masse  to  the  jail  yard,  where,  yell- 
.hig  like  demons  let  loose  from  the  infernal  regions,  they 
began  to  make  an  attack  on  the  north  side  of  the  jail. 
Some  ten  or  fifteen  minutes  after  they  had  commenced 
the  attack,  the  sheriff  made  his  appearance,  and  address- 
ed the  mob  for  about  two  minutes,  commanding  them  to 
desist,  but  made  no  appeal  to  the  spectators  to  assist  him 
in  enforcing  the  law.  The  sheriff  then  disappeared,  and 
made  no  further  effort  either  to  resist  the  mob  or  to  pro- 
tect the  prisoner. 

"The  mob  were  about  two  hours  in  making  a  breach  in 
the  wall  of  the  jail.  I  think  not  more  than  ten  or  twelve 
men  did  the  actual  work,  but  they  were  encouraged  by  a 
large  portion  of  the  crowd,  who  used  every  means  to 
keep  up  the  excitement.  During  all  this  time  were 
heard  the  sounds  of  fife  and  drum,  amid  the  demoniac 
yells  of  the  multitude. 

"When  the  breach  was  made  large  enough,  the  prison- 
er was  dragged  through,  badly  bruised  and  insensible, 
amid  the  deafening  shouts  of  the  mob,  who  immediate- 
ly moved  with  him  toward  the  square,  the  fife  and  drum 
in  the  meantime  sounding.  The  crowd  pressed  around, 
and  it  would  have  been  impossible  to  know  the  position 
of  the  prisoner,  had  it  not  been  designated  by  one  who 
carried  a  long  staff. 

"  The  mob  then  proceeded  to  the  public  square,  with 
the  evident  intention  of  there  hanging  the  prisoner,  and 
thus  completing  their  hellish  transaction ;  but  about 
this  time  I  noticed  a  prominent  citizen  edge  his  way 
through  the  crowd,  with  the  intention,  as  I  supposed,  of 
addressing  the  mob,  but  in   this  I  was  disappointed; 


EXECUTIONS   DELETERIOUS  AS   EXAMPLES.  185 

however,  the  mass  commenced  moving  froin.  the  square, 
and  the  cry  immediately  arose,  'To  the  woods,  to  the 
woods.'  ? 

"  Immediately  the  mass  moved  with  the  prisoner  toward 
the  woods.  After  proceeding  about  half  a  mile  south- 
west of  the  square,  another  halt  was  made,  and  those 
most  active  pressed  the  crowd  back  and  succeeded  in 
making  a  ring,  in  which  some  six  or  seven  held  the 
prisoner.  In  the  middle  of  the  ring  was  a  tree,  against 
which  a  ladder  was  placed,  on  which  a  man  ascended  with 
an  axe  and  trimmed  off  the  smaller  branches;  the  rope 
was  now  made  fast  to  the  tree,  and  all  things  appeared 
ready  for  the  blackest  outrage  which  has  at  any  time 
been  perpetrated  by  any  people,  much  less  those  who 
have  claims  to  civilization. 

"During  all  this  time  the  prisoner  appeared  insensible 
of  what  was  going  on,  being  unable  to  sustain  himself 
alone.  He  appeared  like  a  man  who  had  taken  poison- 
ous drugs,  which  had  taken  effect  upon  him ;  he  did  not 
seem  to  heed  the  crowd,  but  would  occasionally  laugh  in 
a  wild  and  insane  manner. 

"Again    the  cry  was  raised,  '  Take  him  back  to  jail, 
'Will  you  hang  a  dead  man?'  but  some  demon's  voice  was 

heard  saying,  'You  Gr — d  d d  cowards,  are  you  afraid 

to  hang  him  after  bringing  him  here.'  The  prisoner  was 
now  placed  in  a  wagon  under  the  rope — and  again  the 
mob  hesitated.  It  seemed  that  no  one  could  be  found 
blood-thirsty  enough  to  adjust  the  rope  to  his  neck. 
Finally  a  tool  in  the  hands  of  others,  by  the  name  of 
Thomas  Fleming,  placed  the  rope  around  the  prisoner's 
neck,  while  others  held  him  up.  The  wagon  was  pulled 
away  and  the  awful  deed  accomplished — the  victim,  as 
he  hung,  not  making  the  least  struggle." 

Here,  again,  is  the  "salutary"   and  " restraining "  in- 
16 


186  SEVENTH    REASON    FOR   ABOLISHMENT. 

fluence  of  the  gallows.  What  a  "terror"  it  proved  to 
3vil-doers!  How  it  softened  passion  and  allayed  anger; 
and  what  a  chastening  and  sanctifying  influence  this 
scene  must  have  produced  on  the  minds  of  children  and 
youth  !  It  may  be  said,  that  "if  the  State  had  executed 
Munroe,  the  people  would  not  have  been  enraged!" 
And  what  does  this  show  but  that  they  came  to  the  place 
of  execution  with  murder  in  their  hearts.  The  State  had 
resolved  that  the  man  should  die.  They  had  anticipated 
the  work  of  death  at  that  particular  juncture,  and  had 
reflected  upon  it,  until  murder  grew  in  their  hearts,  and 
nothing  short  of  a  full  realization  of  their  anticipations 
would  satisfy  them.  "  String  him  up !"  "  String  him  up!" 
was  the  brutal  cry.  The  governor  said  it  had  been  "but 
a  few  days  since  the  man  was  convicted.  Wait  till  the 
middle  of  May."  But  they  could  not  wait.  Their  souls 
panted  for  his  blood.  They  were  eager  to  drink  it.  So, 
assuming  the  responsibility,  they  themselves  became  mur- 
derers. They  killed  Munroe  with  malice  prepense.  The 
example  of  the  State  fanned  up  the  flames  of  hell  in  their 
bosom,  and  every  man  engaged  in  that  dreadful  work,  is 
as  really  deserving  the  gallows,  as  the  miserable  wretch 
whom  their  revenge  strangled.*  Now,  if  the  penalty  of 
murder  had  been  imprisonment  for  life,  in  Illinois,  it  is 
probable  that  Munroe,  on  conviction,  would  have  been  sent 
to  the  penitentiary,  and  put  to  work;  that  the  people 
would  have  kept  about  their  business,  without  once  dream- 

*  From  all  accounts,  they  were  the  greatest  aggressors.  Munroe  killed 
his  enemy  in  revenge.  The  mob  killed  him  in  revenge.  But  Munroe 
contended  with  a  single  man,  who  had  an  opportunity  of  defending  him- 
self, and  who  said  at  one  time  during  the  fight,  when  the  by-standera 
proposed  to  separate  them:  "  Let  us  alone ;  let  me  kill  him."  When  rtie 
mob  came  to  murder  Munroe,  a  hundred  of  them  engaged  in  the  work. 
They  pulled  the  man,  half  dead,  through  a  crevice  in  the  wall,  mangled  his 
limbs,  and  when  he  had  no  more  sense  than  an  idiot,  strangled  the  life 
out  of  him.  The  deed  committed  by  him  was  revengeful;  that  committed 
by  them,  was  revengeful,  cowardly  and  malignant. 


EXECUTIONS   DELETERIOUS   AS    EXAMPLES.  187 

ing  of  revenging  themselves  on  the  wretch,  and  that  thu$ 
the  community  would  have  been  saved  the  curse  of  this 
shocking  tragedy,  the  evil  effects  of  which  will  be  visible 
for  years. 

INFLUENCE    OF    EXECUTIONS    IN    ENGLAND. 

The  influence  of  public  executions  has  been  the  same 
in  England  as  in  this  country.  We  have  a  mass  of  facta 
gathered  from  various  English  writers,  on  this  subject, 
all  going  to  show  the  wretched  effects  of  sanguinary  laws, 
the  most  of  which  we  omit  for  the  want  of  space. 

"Every  execution,"  says  Dr.  Lushington,  in  Parlia- 
ment, "brings  an  additional  candidate  for  the  hangman." 
"Wo  to  society,"  exclaims  Lepelletier,  in  his  report  to 
the  national  assembly,  "  if  in  that  multitude  which  gazes 
eagerly  on  an  execution,  is  found  one  of  those  beings 
predisposed  to  crime  by  the  perverseness  of  their  propen- 
sities !  His  instinct,  like  that  of  wild  beasts,  awaits,  per- 
haps, only  the  sight  of  blood,  to  awake — and  already  his 
heart  is  hardened  to  murder,  the  moment  he  is  quitting 
the  spot  wet  with  blood  which  the  sword  of  the  law  has 
shed."* 

Mr.  Wakefield,  who  was  long  connected  with  the  New- 
gate prison,  London,  says:  "  When  I  first  entered  New- 
gate, I  had  not  a  doubt  of  the  efficacy  of  public  execu- 
tions, as  deterring  from  crime.  By  degrees  I  came  firm- 
ly to  believe  the  contrary.  Newgate  is  the  very  best  place 
to  form  a  sound  opinion  on  the  subject;  that  is,  my  opinion 
as  deduced. from  facts  in  the  case." 

The  editor  of  the  London  Morning  Herald,  a  man  who 
has  given  this  subject  more  thought  and  attention,  per- 
haps, than  any  other  man  in  England,  said :  "  Frequency 
of  executions,  in  any  country,  is  generally  followed  by  a 

*  Spear's  Essays  on  the  Death  Penalty. 


188  SEVENTH   REASON   FOR  ABOLISHMENT. 

proportionate  increase  of  crime,  violence  and  blood. 
When  the  Legislature  lightly  estimates  human  life,  the 
people  are  apt  to  undervalue  it." 

Says  Dr.  Dodd:  "We  constantly  hear  of  crimes  not 
less  heinous  than  those  for  which  the  criminal  suffers, 
heing  perpetrated  at  the  place  and  moment  of  an  execution.  ' 
The  Doctor  himself  afterward  committed  a  capital  crime, 
and  was  executed.  And  one  of  the  same  jurors  who  con- 
victed Dodd,  was  executed  on  the  same  gallows  for  the 
same  offense,  within  a  few  months  afterward.  And 
Fauntelry,  who  was  executed  for  the  same  offense,  says  : 
"  I  first  conceived  the  design  of  committing  it,  returning 
from  an  execution." 

In  an  account  of  the  execution  of  two  persons  in  Lon- 
don, no  less  than  forty  arrests  were  made  for  the 
SAME  CRIME.  What  a  blessed  influence  hanging  must 
have  produced  on  the  motley  crew  in  attendance!  "  A 
pick-pocket  being  asked  by  the  chaplain  of  Newgate, 
how  he  could  venture  on  such  a  deed,  at  such  a  time, 
very  frankly  replied :  '  Executions  are  the  best  harvests 
I  and  my  companions  have,  for  when  the  eyes  of  the 
spectators  are  fixed  above,  their  pockets  were  unprotect- 
ed below.'" 

"The  Rev.  Mr.  Roberts,  of  Bristol,  England,  presents 
the  astounding  fact,  that  he  conversed  with  one  hundred 
and  sixty-seven  convicts  under  sentence  of  death,  one 
hundred  and  sixty-four  of  whom  HAD  witnessed  EXE- 
CUTIONS." 

T.  F.  Buxton,  the  well-known  philanthrophist,  said, 
,  in  a  speech  in  the  British  Parliament :  "  It  is  notorious 
that  executions  very  rarely  take  place  without  being  the 
occasion  on  which  new  crimes  are  committed.  "At  an 
execution  in  York,  England,  in  1844,  and  at  a  still  later 
one  in  London,  pick- pockets  were  detected  plying  their 
trade  at  the  very  foot  of  the  gallows." 


EXECUTIONS    DELETERIOUS    AS    EXAMPLES.'         189 

"  A  speaker  at  a  missionary  meeting  in  England,  in 
1845,  said  lie  began  the  day  at  an  execution  at  the  Old 
Bailey,  and,  continued  he,  to  be  convinced  of  the  moral 
effects  of  hanging,  you  should  have  watched  the  mob  : 
all  that  is  licentious^  and  filtliy  and  abominable^  is  done  under 
the  very  gallows  tree.'^ 

'  "An  Irishman,  found  guilty  of  issuing  forged  bank- 
notes, was  executed,  and  his  body  delivered  to  his  fam- 
ily. While  the  widow  was  lamenting  over  the  corpse,  a 
young  man  came  to  her,  to  purchase  some  forged  notes. 
As  soon  as  she  knew  his  business,  forgetting  at  once 
both  her  grief  and  the  cause  of  it,  she  raised  up  the  dead 
body  of  her  husband,  and  pulled  from  under  it  a  parcel 
of  the  very  paper,  for  the  circulation  of  which  he  had 
forfeited  his  life.  At  that  moment  an  alarm  was  given 
of  the  approach  of  the  police ;  and,  not  knowing  where 
else  to  conceal  the  notes,  she  thrust  them  into  the  mouth 
of  the  corpse,  and  there  the  officers  found  them."* 

It  is  also  related  of  a  thief  who  was  hung  in  England, 
in  1827,  that  on  being  taken  from  the  gallows,  he  was 
sent  to  the  dissecting-room,  where  experiments  in  gal- 
vanism were  tried  on  him,  during  which  the  professor 
was  absent  for  a  few  moments  from  the  room,  and  when 
he  returned  he  found  the  culprit  resuscitated,  sitting 
upright  on  the  table,  and  looking  wistfully  round.  On 
his  promising  to  leave  that  part  of  the  country  he  re- 
leased him.  Only  a  few  months  after,  he  perceived  by 
the  papers  that  this  same  man  was  to  be  hung  a  second 
time,  for  a  similar  offense;  and  he  became  so  interested  in 
the  case,  that  he  journeyed  fifty  miles  to  see  him.  In 
conversation  he  asked  him  how  he  could  possibly  venture 
to  commit  a  theft,  when  he  had  already  been  hung  for  a 

*  Livingston  makes  this  statement  on  the  authority  of  an  English  gen- 
tleman, who  related  it  at  a  public  meeting  in  Southampton,  England. 


190  SEVENTH    REASON    FOR    ABOLISHMENT. 

similar  crime.  "Oh,"  he  replied,  "I  care  nothing  for 
the  gallows.  The  truth  is,  I  love  to  steal,  and  so  I  run 
the  risk !  When  you  came  into  your  room  and  found 
me  sitting  up  and  looking  round,  /  was  just  deciding  on 
what  I  could  steal  from  you  of  the  most  value,  and  with  the 
least  chance  of  detection ^ 

This  story  may  be  regarded  as  too  improbable  to  credit* 
But  it  is  well  vouched.  Many  instances,  somewhat  sim- 
ilar, and  equally  incredible,  are  on  record.  Mr.  Rantoul 
relates  that  at  the  execution  of  the  notorious  pirate, 
Gibbs,  a  few  years  ago,  in  New-York,  a  witness  was  pres- 
ent, who  declared  positively  that  he  had  seen  him  hung 
on  a  former  occasion,  for  the  same  crime,  at  some  port 
in  South  America.  He  insisted  that  he  recognized  him 
beyond  the  possibility  of  mistake,  by  certain  peculiar 
marks  of  identity;  and  when  we  consider  the  not  unfre- 
quent  cases  which  have  occurred,  of  resuscitation  after 
hanging — (a  distinguished  physician  now  in  New-York, 
states  that  he  has,  in  the  course  of  his  life,  taken  part  in 
three  such  cases) — the  story  is  not  incredible.  At  any 
rate,  there  are  numerous  cases  known,  in  which  criminals, 
who  have  narrowly  escaped  death  for  an  attempted  crime, 
have  made  its  repetition  the  first  object  of  their  newly 
acquired  liberty." 

The  following  account  of  a  conversation,  said  to  have 
taken  place  between  a  convict  about  to  be  hung  for  coin- 
ing, and  a  clergyman  in  England,  is  from  the  Essays  of 
Mr.  Spear,  on  the  Death  Penalty: 

"Have  you  often  seen  an  execution?" 

"Yes." 

"Did  not  it  frighten  you?" 

"No;  why  should  it?" 

"Did  it  not  make  you  think  that  the  same  would  hap- 
pen to  yourself?" 


EXECUTIONS   DELETERIOUS   AS   EXAMPLES.  191 

"Not  a  bit." 

"What  did  you  think,  then?" 

"Think?  why  I  thought  it  was  a  d — d  shame." 

"  Now,  when  you  have  been  going  to  run  a  great  risk 
of  being  caught  and  hanged,  did  the  thought  never  come 
into  your  head,  that  it  would  be  as  well  to  avoid  the 
risk?" 

"  Never." 

"  Not  when  you  remembered  having  seen  men  hanged 
for  the  same  thing?" 

"Oh,  I  never  remembered  anything  about  it;  and  if  I 
had,  what  difference  would  that  make  ?  We  must  all 
take  our  chance.  I  never  thought  it  would  fall  on  me, 
and  don't  think  it  ever  will." 

"But  if  it  should?" 

"Why,  then,  I  hope  I  shall  suffer  like  a  man — where's 
the  use  of  snivelling?" 

From  all  these  facts  it  will  be  perceived  that  men  mis- 
conceive the  true  philosophy  of  sanguinary  punishments, 
when  they  argue  that  they  exert  a  salutary  influence  by 
restraining  men  from  the  committal  of  crime.  The  opin- 
ions of  keepers  of  prisons,  lawyers,  judges,  and  all  men 
intimately  connected  with  criminal  jurisprudence,  both 
in  America  and  Europe,  have  undergone  a  wonderful 
change  on  this  subject,  since  the  introduction  and  test 
of  milder  and  more  humane  laws.  •  Even  at  the  present 
day,  when  bar-rooms  and  liquor  shops  have  become  less 
common,  and  temperance  more  prevalent,  a  hanging  is, 
of  all  places,  the  most  notoriously  drunken,  obscene, 
noisy,  lighting  and  immoral.  Every  newspaper  in  the 
land  testifies  to  the  truth  of  this  declaration.  Scarcely 
an  account  of  an  execution  has  reached  us  from  any  por- 
tion of  our  country,  for  the  last  ten  years,  but  has  con- 
tained a  description  of  attendant  rowdyism  and  crime, 


192      SEVENTH  REASON  FOR  ABOLISHMENT. 

as  the  legitimate  fruits  of  the  occasion.  The  law  of 
death,  as  administered  even  by  Judge  Lynch,  is  not  a 
sufficient  "terror  to  evil-doers,"  to  prevent  them  from 
the  most  dreadful  acts  of  vengeance.  During  the  past 
year,  in  California,  sixty-eight  men  have  been  hung  in 
the  most  summary  manner,  by  Lynch  law,  and  yet  no 
less  than  five  hundred  and  thirty-nine  murders  have 
been  committed,  some  of  them  of  the  most  atrocious 
character,  in  the  very  neighborhood,  and,  in  some  instan- 
ces, on  the  very  day  of  the  execution!  At  no  time  previous, 
for  the  last  fifty  years,  have  laws  so  terrible  prevailed, 
and  their  execution  been  so  determined  and  vindictive, 
and  yet  in  no  part  of  our  country  has  crime  been  so 
prevalent.  And  this  is  the  history  of  all  countries. 
Cruel  and  vindictive  laws  produce  cruel  and  vindictive 
people.  The  State  should,  therefore,  ever  be  cautious  of 
her  examples. 

"  The  executioner,"  says  O'Sullivan,  "is  the  indirect 
cause  of  more  murders  and  more  deaths,  than  he  either 
punishes  or  avenges.  He  is,  in  effect,  a  sort  of  public 
teacher,  both  of  the  doctrine  and  practice  of  murder; 
and  in  the  school  over  which  he  presides,  are  but  too 
many  apt  scholars  for  his  instructions  to  prove  unavail- 
ing. 'Sow  an  execution  and  reap  a  crop  of  murders,' 
is  an  old  proverb,  but  it  is  one  whose  meaning  is  as  true 
as  it  is  terrible."  During  the  reign  of  Henry  VIII  of 
England,  the  penal  laws  of  that  country  were  dreadfully 
severe.  Hume  bears  record  that  seventy-two  thousand 
''great  and  petty  thieves,^^  were  executed,  for  robbery  aJone; 
and  under  Elizabeth,  his  successor,  "  rogues  were  still 
trussed  up  apace."  So  that,  during  her  administration, 
nineteen  thousand  were  strangled ;  and  yet,  thei^e  never 
was  a  time  in  all  the  history  of  England  when  crime  was  so 
rife.     In    nearly    every   town   and    village,    were   men 


EXECUTIONS   DELETERIOUS   AS   EXAMPLES.  193 

"strung  up."  Frequently  were  they  hung  in  trees, 
where  they  were  left  for  days  as  a  "terror  to  evil-doers," 
and  yet  all  this  had  no  effect  to  deter  the  offender. 
"Sure,  and  it's  nothing  to  be  hung,  when  one  is  used  to 
it,"  exclaimed  an  Irishman,  when  going  to  the  gallows; 
"  and  don't  the  half  of  us  expect  this  will  be  our  end ! 
so  what  matters  it  whether  the  gallows  claims  its  own 
this  year  or  next/' 
17 


■■^4 


CHAPTER    XIll. 

EIGHTH    REASON    FOR   ABOLISHMENT. 

RESULT  OF    EXPERIENCE    FAVORABLE. 

Men  ask  for  Practical  Proof—States  and  Countries  have  made  a  trial  of  Abolish- 
ment—Result favorable  -Trial  in  Maine  Xo  Executions  in  twenty-two  years-Com- 
pared with  other  States  Vermont  Massachusetts -Michigan -VVisconsin -Effects  of 
the  softening  of  Penal  Codes  in  England  and  other  Countries  -Effects  of  Abolishment 
in  Tuscany— Tuscany  comi>ared  with  Rome— Effects  of  Abolishment  in  Belgium  -Also 
in  Bombay  and  Russia— Result  decidedly  in  favor  of  Abolishment. 

Many  persons  will  trust  to  nothing  short  of  experience. 
They  ask  for  practical,  positive  proof.  "  Society  is  bad 
enough,"  they  say,  "with  the  gallows;  how  do  we  know 
that  it  would  not  be  worse  without  it?  Has  any  State  or 
country  tried  the  experiment  of  abolishment  long  enough 
to  determine  fairly  its  moral  effect?"  We  answer,  yes. 
But  if  it  had  not,  that  fact  should  deter  no  Christian 
State  or  country  from  following  where  Christianity  and 
humanity,  as  well  as  a  wise  policy,  direct.  The  time  was, 
in  our  country,  as  we  have  seen,  when  theft  was  pun- 
ished with  hanging.  Many  were  fearful  of  the  experi- 
ment of  abolishment;  but  at  last  it  was  tried,  and  the 
result  was  favorable.  So  has  it  been  with  the  crime  of 
murder.  In  every  country  where  abolishment  for  this 
crime  has  been  tested,  the  effect  has  been  to  lessen  crime. 
So  that  society  is  positively  less  safe  with  the  Death 
Penalty  than  without  it,  even  if  the  law  is  rigidly  enforced. 
What  an  argument  is  here  in  favor  of  abolishment !  Let 
me  now  appeal  to  facts  in  proof  of  this  statement. 
(194) 


EESULT   OF   EXPERIENCE   FAVOEABLE.  196 


EFFECT   OF   ABOLISHMENT   IN   OUR   OWN   COUNTRY. 

As  we  have  seen  during  the  progress  of  this  work, 
bloody  codes  have  never  had  the  effect  to  deter  men  from 
crime.  To  many  minds  whose  only  idea  of  punishment 
is  vengeance,  this  fact  is  incredible.  Nevertheless  it  is 
so.  When  Massachusetts  Colony  executed  men  and 
women  for  stealing  forty  shillings,  robbery,  burglary  and 
shop-lifting,  one  would  suppose  that  so  dreadful  a  pun- 
ishment would  have  totally  prevented  this  description  of 
crime.  But  not  so;  it  was  more  frequent  than  now,  in  pro- 
portion to  the  population.  The  softening  of  the  penal 
code  had  not  the  effect  to  increase,  but  rather  to  decrease 
the  offense.  The  same  result  has  followed  the  abolishment 
of  the  gallows  for  murder,  wherever  a  trial  has  been  tested. 

Maine.  Here  for  the  last  fifteen  years,  the  Death 
Penalty  has  been  virtually  abolished.*  And  what  is 
the  result  ?  Just  what  we  have  said.  In  no  part  of  our 
country  has  the  crime  of  murder  been  so  rare.  Only 
three  persons  have  been  guilty  of  this  foul  deed,  since 
the  change  in  the  law.  It  is  true,  that  the  progress  of 
temperance,  and,  therefore,  of  civilization,  in  that  State — 
the  closing  of  liquor  shops  and  bar  rooms — have  had  a 
favorable  influence  in  banishing  crime,  especially  the 
most  aggravated  classes  of  crime,  from  among  the  peo- 
ple. All  know  that  "  intemperance  is  the  hand-maid  of 
vice."  Still,  the  favorable  aspect  of  society,  so  far  as 
relates  to  this  question,  must  not  be  attributed  to  this 
cause.  The  present  law  for  murder  went  into  force 
more  than  ten  years  previous  to  the  existence  of  the 
liquor  law,  and  not  for  more  than  twenty-two  years  has  a 
man  or  woman  been  executed  in  that  State ;  and  during 
this  time  but  Jive  murders  have  been  perpetrated.     Now, 

*  See  the  note  at  the  bottom  of  the  31st  page  of  this  work. 


-190  EIGHTH   REASON   FOR   ABOLISHMENT. 

compare  Maine  with  any  State  in  the  Union,  of  the 
same  population,  where  the  gallows  still  remains,  and 
notice  how  favorable  is  the  result  to  abolishment.  Take 
Kentucky,  for  instance.  There  have  been  three  execu- 
tions, at  different  times,  within  the  last  thirteen  months, 
in  the  town  of  Paris  alone,  in  that  State;  and,  during  the 
past  year,  as  many  as  ten  murders  have  been  committed 
within  the  limits  of  the  State.f  As  many  on  an  average, 
for  the  last  twenty-two  years,  would  amount  to  two  hun- 
dred and  twenty.  The  population  of  Maine,  in  1850,  was 
583,169,  and  that  of  Kentucky,  982,405. 

A  comparison  with  Ohio  or  Indiana  would  exhibit 
nearly  the  same  result.  As  we  have  shown,  five  hundred 
murdersj  have  been  either  perpetrated  or  attempted,  in 
Hamilton  county,  Ohio,  alone,  in  the  last  fifteen  years. 
Wq  have  no  means  of  ascertaining  the  history  of  crime 
in  Indiana,  beyond  the  past  year.  During  the  past  year 
(1855)  eleven  murders  were  perpetrated  in  that  State. 
Two  months  since,  three  men  were  hung  at  once  in  La- 
fayette. Since  that  event,  two  cases  of  homicide  have 
occurred  in  Indiana.  The  population  of  Ohio  in  1850, 
was  1,980,329,  and  that  of  Indiana,  988,416. 

A  comparison,  even  in  New-England  States,  shows  a 
result  favorable  to  Maine.  New- Hampshire,  with  a  pop- 
ulation of  only  317,976,  has  employed  the  gallows  on 
several  occasions,  within  the  last  twenty  years ;  while 
the  number  of  murders  within  her  borders,  has  more  than 
trebled  that  in  Maine.  So  in  Connecticut,  with  a  pop- 
ulation of  a  little  more  than  half  of  that  in  Maine,  men 
have  been  executed  in  various  parts  of  the  State,  from 
time  to  time;  a  majority  of  her  population  being  decidedly 

\  Those  killed  in  Louisville  during  the  election  excitement,  in  the  fall 
of  1855,  are  not  included. 
X  See  note  at  the  bottom  of  the  160th  page  of  this  work. 


RESULT   OF   EXPERIENCE   FATORABLE.  197 

in  favor  of  hard  and  stringent  laws,  and  yet  murders  are 
far  more  frequent  in  that  State  than  in  Maine.  Three 
months  ago,  no  less  than  three  dreadful  murders  were 
perpetrated  within  a  short  distance  of  New-Haven. 

Thus  is  it  seen  that  after  a  trial  of  fifteen  years,  with- 
out the  aid  of  the  gallows  as  a  "terror  to  evil  doers,"  it  is 
found  that  the  inhabitants  of  Maine  not  only  live  without 
the  fear  of  having  their  throats  cut  at  night  by  bloody 
assassins,  as  was  anticipated  by  timid  men  and  women, 
when  the  gallows  was  abolished,  but  they  positively  occupy 
the  safest  spot,  as  to  aggravated  crime,  on  the  American  con^ 
tinent. 

Vermont  modified  her  law  four  years  ago,  with  refer- 
ence to  the  Death  Penalty,  and  made  it  very  similar  to 
that  of  Maine.  The  result  has  proved  most  satisfactory. 
Crime  has  not  increased;  on  the  contrary  it  has  evidently 
diminished. 

Massachusetts  enacted  a  similar  law,  in  1852,  with  the 
same  happy  results.  She  has  no  disposition  to  go  back 
to  the  usages  of  a  more  barbarous  age.  Her  next  step 
will  be  an  advance  one.  We  regret  to  record,  however, 
that  John  H.  Clifford,  the  Grovernor  of  the  State  in  1853, 
saw  fit  to  issue  his  warrant  for  the  hanging  of  a  man 
who  was  convicted  of  murder,  soon  after  the  modified 
law  took  eff"ect.  The  condemned  man  worked  out  his 
year  in  the  penitentiary  according  to  the  law.  He  was 
as  constant,  faithful  and  orderly  as  any  man  in  the 
prison,  but  the  Govenor  had  the  power  to  strangle  him  *, 
he  conceived  it  to  be  his  duty  to  strangle  him,  and  so 
the  man  was  strangled.  The  act  was  privately  perpe- 
trated in  the  little  jailyard  at  Taunton,  Bristol  county. 
No  one,  with  the  exception  of  the  Governor,  and  a  few 
whose  views  and  sympathies  belong  to  a  past  age,  re- 
garded this  deed  as  either  Christian  or  necessary.     Life 


198  EIGHTH   REASON   FOR  ABOLISHMENT. 

and  property  were  rendered  no  more  secure,  nor  were  the 
manners  and  habits  of  the  people  improved. 

In  those  States  where  the  gallows  has  been  absolutely 
abolished,  the  result  has  proved  equally  satisfactory. 
These  are  Rhode  Island,  Michigan  and  Wisconsin. 

Rhode  Island  has  had  an  experience  of  six  years,  dur- 
ing which  time  the  population  of  the  State  has  consider- 
ably increased,  while  there  has  been  no  increase  of  crime 
— especially  of  aggravated  crime. 

Michigan  was  the  first  State  in  the  Union  to  abolish 
the  Death  Penalty.  She  made  the  change  in  1847,  and 
as  reports  have  been  every  where  circulated  that  an  in- 
crease of  crime  was  the  result,  and  that  the  people  of  the 
State  were  much  dissatisfied  with  the  law  and  wished  it 
abolished,  I  deem  it  necessary  to  present  the  facts  in 
the  case  somewhat  in  detail.  The  reader  may  rely  on 
the  correctness  of  the  statements  which  follow,  as  they 
are  from  oiB&cial  reports. 

In  1851,  such  was  the  report  abroad,  with  reference  to 
the  practical  working  of  the  new  law  in  Michigan,  that 
the  Secretary  of  State  saw  fit  to  make  a  statement,  in 
which  it  was  shown  that  crimes  of  violence  had  actually 
decreased  after  the  abolishment  of  the  Death  Penalty. 
He  gave  the  facts  as  follows,  with  reference  to  the  num- 
ber of  convictions  for  murder  and  manslaughter  in  the 
State,  from  1847  to  1851. 

In  1847,  for  manslaughter, 1 

In  1848,  for  murder  in  the  First  Degree,   4 

In     "  "  "        Second  "       1 

In  1849,  «  "        First       "    1 

In     "  «  "       Second  ''    9 

In  1850,  no  convictions  for  murder  or  manslaughter. 

To  the  question  whether  murder  had  been  more  frequent 


RESULT   OF    EXPERIENCE    FAVORABLE. 


199 


since  the  law  was  changed,  he  replied  at  length  in  the  nega- 
tive, giving  the  statistics  as  follows : 


COMPARATIVE    TABLE, 


Exhibiting  the  number  of  Indictments  found  in  Michigan 
during  the  years  1841  to  1850,  inclusive,  for  murder,  man- 
slaughter, and  for  assault  with  intent  to  kill — as  taken 
from  the  Attorney  General's  Official  Report. 


CO    OO 


Murder, 

41  li  5'  2    1    316 

Manslaughter, 

Oj  0|  1'  0  0  0    1 

Accessories, 

2   0   10  0  0   2 

Assault,  with  intent  to  kill, 

11 12  12    71  9  12  63 

. 

Total  of  homicidal  assaults. 


16il3  19  ;9  10115,821 


OS    O     « 

00  00  LP 


0    4 

1 

Oi  5 

1    1 

9 

on 

0|  0 

0 

0  0 

lOi  9  13i  8  40 

11114123}  8156 


"  The  reader  will  bear  in  mind  that  during  the  period 
included  in  this  table,  the  population  of  Michigan  was 
rapidly  increasing,  partly  by  emigration  of  the  degraded 
poor  of  Europe,  and  that  many  counties  which  in  '41 
and  '42  were  a  wilderness,  were  filled  with  an  adventur- 
ous, hardy  and  excitable  population  in  '49  and  '50.  This 
official  statement,  therefore  shows  a  most  gratifying  de- 
crease of  crime  in  Michigan,  while  it  had  been  increasing 
in  other  States,  where  Capital  Punishment  was  most  fre- 
quently and  certainly  inflicted." 

It  is  true,  that  in  1852,  in  consequence  of  the  fact  that 
one  or  two  murders  were  perpetrated  by  returned  Mexi- 
can soldiers,  v/ho  hal  be  ome  familiar  with  blood  while 
abroad,  it  was  conceived  by  certain  persons  whose  sym- 
pathies for  the  institution  of  the  gallows  were  unyielding, 
that  crime  was  "  alarmingly  on  the  increase,"  and  a 
memorial   was   sent   from    the   Grand   Jury  of  Wayne 

*  We  are  indebted  to  the  "Prisoner's  Friend,"  a  valuable  monthly  Mag- 
azine, edited  and  published  by  Rev.  C.  Spear,  of  Boston,  tor  the  facta 
recorded  above 


200  EIGHTH    REASON    FOR   ABOLISHMENT. 

County,  Michigan,  to  the  Legislature  of  that  State,  pray- 
ing for  the  restoration  of  that  old  relic  of  barbarism.  It 
is  also  true,  that  that  f\iet  was  employed  in  the  Legisla- 
ture of  Massachusetts,  New- York,  Ohio  and  probably 
in  other  States,  as  an  argument  against  abolishment  in 
those  States. 

We  recollect  that  in  lecturing  upon  the  subject  of  the 
Death  Penalty  in  1852  and  '53  we  were  met  with  this 
statement  on  every  hand:  "Michigan  has  abolished 
Capital  Punishment ;  and,  after  a  trial  of  years,  has  deter- 
mined on  reinstating  the  gallows."  But  what  were  the 
facts  concerning  this  memorial  ?  Let  a  man*  of  integrity, 
an  old  and  respected  resident  of  Michigan,  answer.  He 
saw  by  the  eastern  papers  how  tliis  piece  of  intelligence 
was  received  and  employed  by  those  favoring  the  Death 
Penalty  in  New-York  and  elsewhere ;  so  he  writes  to  the 
editor  of  an  eastern  publication,  as  follows : 

^'Know  all  men,  that  said  memorial  was  born  in  the 
city  of  Detroit,  in  sight  of  Rev.  Dr.  Duffield's  church, 
the  Doctor  being  the  great  advocate  for  hanging  in  the 
,  State.  It  was  recommended  to  that  same  Grand  Jury 
by  the  Judge  of  the  County  Court  of  Wayne,  he  being  a 
member  of  Dr.  Duffield's  church,  and  strongly  in  favor 
of  drawing  the  halter  to  make  men  virtuous  and  orderly. 
The  memorial  was  signed  by  hut  fifteen  of  the  twenty -four 
jurors,  and  ushered  into  existence  in  the  darkest  spot  of 
our  State.  It  was  nursed  through  a  short  and  feeble 
life,  by  Dr.  Duffield  and  others,  but  soon  died,  without 
a  relative  to  mourn  its  loss,  and  was  buried,  to  be  brought 
forth  by  somebody  in  New- York  city  and  other  places, 
to  answer  a  bad  cause. 

*  Rev.  J.  Stebbins.  We  have  other  communications  and  documents, 
substantiating  the  above  statement;  but  deem  it  annecessafy  to  offer 
thera  here. 


% 


RESULT    OF    EXPERIENCE    FAVORABLE.  201 

''But  it  will  never  do.  In  Michigan  a  resurrection  of 
such  a  dead  body  would  be  more  offensive  than  the  dis- 
secting-rooms of  a  medical  college,  and  not  half  as 
useful. 

"This  was  the  07% memorial  presented  to  our  Legisla- 
ture during  the  entire  session  ;  and  this,  together  with 
Dr.  Duffield's  sermon  in  favor  of  hanging,  was  smothered 
with  remonstrances,  and  never  even  got  out  of  the  hands 
of  the  committee  to  whom  it  was  referred,  they  finding 
NO  CAUSE  FOR  ACTION.  Thus  ended  the  affair  now 
brought  up  to  influence  legislation  in  favor  of  hanging 
in  the  great  State  of  New- York.     Shame!  shame! 

"Since  the  days  of  that  memorial  we  have  had  a  Con- 
vention and  made  a  new  Constitution.  In  the  Conven- 
tion it  was  thought  advisable  to  let  hanging  entirely  alone. 
Nor  is  this  all.  In  Detroit  there  is  now,  and  has  been  for 
two  years,  a  daily  press  fearlessly  exposing  every  attempt 
from  abroad  to  support  the  gallows.  And  what  is  a  sig- 
nificant fact,  this  press  is  the  peoples^  a  penny  paper, 
and  has  the  largest  circulation  of  any  paper  in  Detroit." 

This  was  the  last  we  heard  of  the  efforts  of  Michigan 
to  reinstate  the  gallows.  The  present  law  works  admir- 
ably. A  letter  is  before  us  from  one*  long  resident  in 
that  State,  and  for  two  years  chaplain  in  the  Michigan 
Penitentiary,  in  answer  to  enquiries  put  by  us,  in  which 
the  writer  says :  "There  never  was  a  time  since  Michi- 
gan was  a  State  when  its  morals  were  so  pure  as  now — 
never  a  time  when  the  State  was  so  secure  from  the 
robber  or  assassin.  In  my  opinion  it  would  be  impossi- 
ble to  abolish  the  present  law.  Its  practical  working  is 
admirable.  Outlaws  are  brought  to  justice.  They  are 
convicted,  and,  consequently,  secured,  without  effort;  and 

*  Rev.  J.  Billings. 


202  EIGHTH    REASON    FOR    ABOLISHMENT. 

the  people  consider  themselves  as  safe  from  the  murderer 
when  in  the  Penitentiary  as  they  would  were  he  in  the 
tomb.  There  he  is,  a  living  example  to  all  evil  doers; 
and  experience  has  proved  that  he  is  no  more  dangerous 
or  disorderly  than  other  convicts." 

Wisconsin.  The  Death  Penalty  was  abolished  several 
years  ago  in  this  State,  and  generally  the  practical  opera- 
tion of  the  present  law  has  been  favorable.  Not  so  many 
murders  have  been  committed  by  fifty  per  cent^  in  that 
State,  in  ratio  to  the  number  of  inhabitants,  as  in  some 
portions  of  Ohio  or  Kentucky,  where  the  gallows  is  still 
in  vogue.  There  are  men,  however,  in  Wisconsin,  who 
have  great  confidence  in  the  moral  power  of  legal  stran- 
gulation. They  look  upon  the  murderer  with  feelings  of 
savage  revenge.  Their  hearts  pant  for  blood.  They 
say — "hang  him;"  innocent  or  guilty,  "crucify  him! 
crucify  him  !"  This  spirit  is  rife  in  Janesville.  Wiscon- 
sin, so  that  not  long  since,  a  mob  arose  and  seized  a 
man  when  being  conveyed  from  the  jail  to  the  court 
room,  under  trial  for  murder  in  that  county,  and  as  the 
State  had  declared  that  it  would  not  kill  him,  because  he 
had  killed,  they  took  the  responsibility  to  perform  this 
heroic  deed  themselves.  Amid  horrid  oaths  and  the 
most  impious  imprecations,  they  trussed  him  up  to 
the  limb  of  a  tree  and  choked  the  life  out  of  him. 

Now,  some  persons,  both  in  and  out  of  the  State  of 
Wisconsin,  attribute  this  lawless  deed  to  the  want  of  the 
gallows  in  that  State  ;  and  say  the  Death  Penalty  must 
be  reinstated,  as  if  blood  was  never  known  to  be  shed 
where  the  gallows  was  in  vogue.  But  how  narrow  is  the 
vision  of  such  men,  and  how  limited  their  knowledge  of 
the  real  facts  in  the  case !  Let  them  reflect.  Are  there 
no  mobs  or  murders  where  Capital  Punishment  exists? 
Let  them   look  to  Louisville,  Cincinnati,  Philadelphia^ 


RESULT   OF    EXPERIENCE    FAVORABLE.  203 

New- York,  California,  or  nearer  home,  to  Illinois.*  In 
all  these  cities  and  States  the  Death  Penalty  still  exists. 
And  yet  how  frequent  are  the  most  dreadful  crimes  per- 
petrated. In  California  not  only  the  gallows  is  erected, 
but  everywhere  Judge  Lynch  presides  at  the  trial  of  the 
offender  and  convicts  and  executes  in  the  most  summary 
manner.  According  to  the  statistics  of  crime  just  publish- 
ed in  that  State,  no  less  than  68  persons  were  put  to  death 
in  this  way,  during  1855,  and  yet  crime  has  not  at  all  les- 
sened under  this  severity.  On  the  contrary,  it  has  in- 
creased. In  1854  there  were  but  390  homicides.  In  1855, 
under  this  lawless  and  desperate  code,  there  were  538. 

In  Wisconsin,  there  may  have  been  an  increase  of 
crime,  during  the  last  year;  but  this  is  no  certain 
proof  that  the  cause  of  this  condition  was  the  inefficiency 
of  the  present  law.  The  result  of  a  single  year  is  no 
positive  test  in  a  case  like  this.  The  circumstances 
showing  an  apparent  permanent  change  for  the  worse  or 
better,  may  be  accidental.  For  instance,  during  the 
years  1845,  '46  and  '47  there  was  but  one  trial  for  a  cap- 
ital offense  in  Massachusetts.  But  in  the  single  year 
1848,  there  were  seven — twenty-one  times  as  many  as  in  the 
three  previous  years,  a  result  not  paralleled  nor  even 
approached  in  the  case  of  Wisconsin.  And  this  apparent 
change  occurred  in  Massachusetts  without  any  change  in 
the  Penal  Code  of  that  state.  Now  if  Massachusetts  had 
abolished  the  Death  Penalty  at  the  beginning  of  1848 
what  an  argument  this  circumstance  would  have  afforded 
the  friends  of  the  gallows  in  favor  of  its  restoration. 

Such  is  the  result  of  abolishment  in  our  own  country. 
We  sum  it  up  by  saying,  that  in  every  state  of  our  Union 
lohere  the  Death  Penalty  is  either  practically  or  really  ahol- 

*  In  Charleston,  Coles  county,  Illinois,  a  dreadful  murder  was  perpe- 
trated by  a  mob,  similar  to  that  in  Wisconsin  three  months  ago.  See 
pages  182—6  of  this  work,  where  the  particulars  are  described. 


204  EIGHTH   REASON   FOR   ABOLISHMENT. 

tshed,  there  is  LESS  crime  of  an  atrocious  character,  than  in 
those  States  where  it  still  exists.  The  feeling  of  security  is 
not,  therefore,  diminished  in  consequence  of  abolishment. 
The  law  is  more  in  harmony  with  public  sentiment. 
The  officers  of  justice  are  less  embarrassed  and  more 
prompt  in  their  duties;  the  guilty  can  be  convicted,  and 
when  convicted  are  secured  and  punished.  Let  the  gal- 
lows be  abolished  in  every  State,  and  the  same  result 
would  follow. 

EFFECT    OF    ABOLISHMENT    IN   EUROPE. 

"When  one  casts  his  eye  upon  the  history  of  crime 
and  punishment  in  modern  Europe,"  says  Rantoul,  "the 
phenomenon  which  first  attracts  his  notice  is  the  prodi- 
gality with  which  the  Death  Penalty  was  formerly  dis- 
pensed, and  the  prodigious  advance  which  has  been  made 
by  a  milder  system  of  repressive  policy  during  the 
eighteenth  and  the  first  quarter  of  the  nineteenth  cen- 
turies ;  and  still  more  remarkably,  during  the  last  thirty 
years.  As  this  mitigation  of  punishment  has  been  tried  in 
every  part  of  Christendom,  if  any  evil  consequences  had 
followed  from  it,  some  one  would  have  been  able  to  point 
them  out,  and  to  tell  us  when,  where,  how,  and  how  long 
the  mischief  manifested  itself.  Yet  among  more  than 
two  hundred  authors  upon  this  subject,  whose  writings 
I  have  examined,  I  have  never  found  but  two  who  have 
seriously  attempted  to  exhibit  the  evils  which  these  suc- 
cessive meliorations  of  the  law  must  have  occasioned,  if 
those  wise  men  against  whose  indignant  remonstrances 
these  changes  were  effected  were  right  in  their  prognos- 
tications." 

.  It  is  immaterial  what  countries  we  select  as  tests  in 
our  investigations,  for  everywhere  we  shall  find  the  results 
subtantially  the  same,  viz.:  in  favor  of  mild  and  humane 
laws.     We  will  begin  with 


RESULT   OF   EXPERIENCE    FAVORABLE.  205 

England  and  Wales. — The  advance  of  crime  was 
never  so  rapid  as  in  the  latter  part  of  the  reign  of  George 
III.  In  1814,  the  committals  in  England  and  Wales 
were  6,390,  and  in  1817  they  were  13,932.  They  had 
more  than  doubled  in  three  years!  And  yet  more 
crimes  were  condemned  as  capital  during  the  reign  of 
George  III.  than  in  the  reigns  of  all  the  Plantagenets| 
Tudors,  and  Stuarts  combined,  as  stern  and  hard  as  th<^  - 
were.  But  thirty  years  ago  or  more,  through  the  instru- 
mentality of  humane  men,  Great  Britain  began  to  soften 
her  penal  code  ;  and  it  was  discovered  that  no  sooner  was 
the  Penalty  of  Death  repealed  for  any  given  crime  than 
that  crime  was  at  once  arrested  in  its  progress,  while 
all  other  crimes  continued  to  advance  the  same  as  before. 
For  instance;  the  Death  Penalty  for  coining  was  repealed 
May  23d,  1832;  for  horse  stealing,  sheep  stealing,  cattle 
stealing,  larceny  in  dwellings,  (of  £5.)  in  July,  1832; 
forgery,  15th  Aug.  1832;  and  house  breaking,  14th 
Aug.  1833.  For  these  offenses,  in  the  four  years  ending 
with  1831,  there  had  been  condemned  to  death  3,786 
persons,  of  whom  66  were  executed. 

Now  for  these  offenses,  during  the  time  mentioned  in 
the  table  below,  the  commitments  were  as  follows : 


In  three  years. 

Coramitments. 

Executions. 

1827,  1828,  1829, 

4,622 

96 

1830,  1831,  1832, 

4,724 

23 

1833,  1834,  1835, 

4,292 

2 

In  this  class,  the  commitments  fell  432,  or  about  nine 
per  cent.,  in  the  three  years  following  the  repeal.     But 
look  at  the  result  for  those  crimes  where  the  Death  Pen 
alty  still  remained :— 


In  three  years. 

Commitments. 

Executions. 

1827,  1828,  1829, 

1,705 

108 

1830,  1831,  1832, 

2,236 

120 

1833,  1834,  1835, 

2,247 

102 

206  EIGHTH   REASON   FOR   ABOLISHMENT, 

Here  the  commitments  rose  542,  or  about  thirty-two  per 
cent,  in  defiance  of  tlie  gallows,  in  six  years. 

The  result  shown  above  proved  the  same  with  refer- 
ence to  every  crime.  For  instance,  mitigation  of  the 
Death  Penalty,  for  assaults  on  females,  commenced  in 
1835.  During  the  four  years  ending  Dec.  1834,  there 
were  14  executions  and  520  committals.  During  the 
next  four  years,  ending  Dec.  1838,  there  were  4  executed 
and  528  committals.  To  have  borne  the  same  propor- 
tion to  the  increased  population,  the  last  number  should 
have  been  551  instead  of  528.  Again,  mitigation  for 
arson  commenced  in  1837.  During  the  two  years  end- 
ing in  Dec.  1836,  there  were  9  executed  and  148  com- 
mittals; while  during  the  two  years  following  mitiga- 
tion, ending  Dec.  1838,  there  were  no  executions  and 
but  86  committals. 

But  though  Great  Britain  has  demonstrated  in  its 
history,  the  fact,  upon  the  one  hand,  that  sanguinary 
laws  always  make  men  bloody  and  cruel,  and  upon  the 
other,  that,  clemency  on  the  part  of  the  legislator  always 
inspires  humanity  among  the  citizens,  yet  it  has  never 
cherished  sufficient  faith  in  the  moral  power  of  clemency 
to  wholly  abandon  the  use  of  the  gallows.  This  event 
will  come  to  pass  in  a  few  years.  We  have  presented 
the  above  simply  to  show  the  validity  of  the  philosophy 
*  of  humanity  advocated  in  this  work,  and  on  which  the 
*.  results  which  we  present  are  based. 

We  now  turn  to  an  examination  of  the  effects  of  the 
law  in  those  countries  in  Europe  where  the  Death  Penalty 
is  absolutely  abolished  for  every  crime. 

Tuscany. — "  Here  we  find  the  most  satisfactory  proofs 
of  the  practical  advantages  resulting  from  the  abolish- 
ment of  Capital  Punishment.  The  grand  duke,  Leopold, 
ascended  the  throne  in  1765,  and,  governed  by  the  en- 


«  RESULT   OP   EXPERIENCE   FAVORABLE.  207 

lightened  counsels  of  Beccaria,  he  commenced  a  general 
reform  of  the  penal  code.  After  showing  that '  the  proper 
ohjects  of  punishment'  are  'the  redress  of  injury'  and 
*  the  correction  of  the  delinquent,'  and  that  he  ought  to 
be  'regarded  as  a  child  of  the  state,'  and  that  his  '  amend- 
ment ought  never  to  be  abandoned  in  despair,'  he  goes 
on  to  decree  in  the  following  language : 

"  We  have  resolved  to  abolish,  and  hy  the  present  law  do 

abolish,  forever,  the  punishment  of  death,  which  shall  not 

^  ,  -  be  inflicted  on  any  criminal,  present  or  refusing  to  ap- 

♦  'wpear,  or  even  confessing  his  crime,  or  being  convicted  of 

any  of  those  crimes  which  in  the  laws  prior  to  these  we 
now  promulgate,  and  which  we  will  have  to  be  absolutely 
'^      and  entirely  abolished,  were  styled  capital. 

"Let  us  now  look  at  the  effects  of  this  experiment.  M. 
Berenger,  in  his  report  to  the  French  Chamber  of  Dep- 
uties, in  1830,  says  the  punishment  of  death  was  abolished 
during  a  period  of  twenty-five  years  in  Tuscany,   'and 

•  •  the  mildness  of  the  penal  legislation  had  so  improved  the 

character  of  the  people  there,  that  there  was  a  time  when 
the  prisons  of  the  Grand  Duchy  were  found  entirely 
empty.  Behold  enough  to  prove  sufficiently  that  the 
abolition  of  the  punishment  of  death  is  capable  of  pro- 
ducing the  most  salutary  effects.'  Mr.  Livingston  says, 
'  that  in  Tuscany,  where  murder  was  not  punished  with 
death,  only  five  had  been  committed  in  twenty  years ; 
while  in  Bome,  where  that  punishment  is  inflicted  with 
great  pomp  and  parade,  sixty  murders  were  committed 
in  the  short  space  of  three  months  in  the  city  and 
vicinity."* 

But  it  is  asked  by  the  friends  of  the  Death  Penalty,  if 
the  milder  code  was  attended  with  such  beneficial  results 

#  *        *  We  take  the  above  from  Mr.  Spear's  valuable  work  on  Capital  Pun- 

ishment. What  he  says  is  correct  as  other  documents  in  our  possession 
abundantly  testify. 


'A 


208       '        EIGHTH    REASON    FOR   ABOLISHMENT.  » 

Jii  Tuscany,  why  was  the  punishment  of  death  afterwards 
restored?  Simply  because  an  enlightened  and  humane 
sovereign  was  succeeded  by  a  foreign  conqueror  and 
despot.  All  despotism  is  based  on  the  power  of  the  ruler 
to  destroy)  hence  all  despots  have  been  the  most  decided 
friends  of  cruel  and  bloody  laws.  The  mild  code  of 
Leopold  was  abolished  and  the  guillotine  restored  by  the 
conquests  under  Napoleon,  a  man  who  never  studied  the 
philosophy  of  clemency,  but  deluged  all  Europe  in  blood. 
"What  better  could  have  been  expected  ?  The  heart  of  a 
lamb  is  not  found  under  the  skin  of  a  tiger.  After  his 
reign  terminated  and  the  power  of  his  government  was 
lost  in  Tuscany,  the  Death  Penalty  was  again  abolished, 
and  on  the  day  of  abolishment  the  people  showed  their 
joy  by  "rushing  en  masse  for  the  guillotine,  not  to  put  it 
in  operation,  but  to  commit  it  to  the  flames,  and  the  bells 
rung  a  merry  peal." 

Russia. — In  Russia  the  punishment  of  death  is  never 
inflicted.  The  Empress  Elizabeth  ascended  the  throne 
in  1741.  At  that  time  she  pledged  herself  never  to  de- 
stroy human  life  for  crime ;  a  pledge  which  was  faith- 
fully kept  during  her  entire  reign.  Catharine  followed 
her  example,  and  Nicholas  governed  by  the  same  humane 
principle.  And  what  has  been  the  result  after  a  trial  of 
more  than  one  hundred  years,  during  which  the  Death 
Penalty  has  been  inflicted  in  that  immense  realm  con- 
taining 62,000,000  of  people  only  on  two  occasions? 
Why,  the  most  satisfactory.  The  least  number  of  murders 
are  perpetrated  in  Russia  of  any  country  on  the  globe  of  the 
same  population.  Count  De  Segur  made  this  declaration 
on  his  return  from  that  country  in  1791  saying  that 
Catharine  herself  had  several  times  said  to  him  :  "  We 
must  punish  crime  without  imitating  it;  the  punishment 
of  d^ath  is    rarely    anything    but    a   useless    barbarity." 


RESULT   OF   EXPERIENCE    FAVORABLE.  209 

Is  it  not  singular  that  enlightened  England  and  France 
have  not,  even  yet,  opened  their  eyes  to  the  truth  of  this 
important  fact?  So  satisfactory  has  been  the  trial  of 
abolishment,  in  Russia,  that  the  reform  has  been  carried 
into  Finland. 

"  Experience  demonstrates,"  said  Elizabeth,  "  that  the 
frequent  repetition  of  Capital  Punishment  never  yet 
made  men  better.  If,  therefore,  I  can  show  that,  in  the 
ordinary  state  of  society,  the  death  of  a  citizen  is  neither 
useful  nor  necessary,  I  shall  have  pleaded  the  cause  of 
humanity  with  success." 

"  By  her  mildness  and  clemency,"  said  Catharine,  "she 
did  more  to  exalt  the  nation,  and  gave  the  fathers  of  her 
country  a  more  excellent  pattern,  than  that  of  all  the 
pomps  of  war,  victory  and  devastation."  Well  did  a 
Russian  writer  exclaim  : — 

"  Blush !  ye  countries  of  a  longer  civilization,  that 
Russia  should  teach  you  the  celestial  principle  of  reform- 
ing depraved  morals,  not  by  the  sanguinary  execution  oi 
inexorable  justice,  but  by  the  mild  and  divine  precepts  of 
heavenly  mercy."* 

Belgium. — We  have  full  and  accurate  tables  of  crime 
in  Belgium  both  before  and  after  abolishment,  but  our 
limits  will  not  permit  us  to  give  them  in  detail.  The 
result  there,  however,  after  a  trial  of  years,  has  been  most 
satisfactory.  The  Penal  Code  was  once  exceedingly 
severe  and  executions  common  in  that  country,  and,  as 
a  necessary  consequence,  crime  was  rife.  With  the  de- 
crease of  executions,  as  in  other  countries,  crime  di- 
minished. Thus  in  nineteen  years,  ending  with  1814, 
there  were  533  executions,  399  of  which  were  for  mur- 
der, or  21  per  annum;  the  law  was  then  softened,  and  for 
the  next  fifteen  years  there  were  72  executions  and  but 

*  Spear's  Essays  on  Capital  Punishment. 

18 


210  filGHl'ft   REASON   FOR   ABOLISHMENT. 

114  Mutders,  or  only  8  per  annum.  Capital  Punislini^nt 
li^as  then  entirely  abolislied,  and  for  the  next  five  years 
thete  were  no  executions  and  but  20  murders,  or  only 
four  per  annum.  How  remarkable  the  change,  and  how 
hard  to  credit  with  many;  and  yet  it  is  the  very  result 
which  a  true  philosophy  warrants,  as  we  show  in  our 
tiext  chapter. 

Bombay.  It  is  thought  by  many  that  the  gallows 
may  be  safely  dispensed  with  in  a  highly  civilized  com- 
munity, but  is  indispensable  in  countries  with  a  rude 
and  ignorant  population.  Experience  has  taught,  how- 
ever that  strangling  or  beheading,  burning  or  crucifying 
men  or  women,  is  just  as  unnecessary  and  impolitic  with 
one  people  as  with  another,  while  the  moral  influence  is 
equally  pernicious.  Bombay  is  an  Island  in  British 
India.  It  was  obtained  by  the  Portuguese  in  1530  from 
an  Indian  chief  and  was  ceded  to  Great  Britain  in  1661. 
Its  population  is  nearly  200,000  of  whom  120,000  are 
Hindoos,  40,000  Mohammedans,  12,000  native  Christians, 
15,000  Parsees  and  only  about  5,000  English.  And  yet 
among  this  mixed  and  ignorant  population,  of  Hindoos, 
Mohammedans  and  Parsees, — in  the  midst  of  heathen 
darkness,  with  but  scarcely  a  ray  of  Christian  light,  it  was 
found  by  actual  experiment  that  killing  for  crime  was 
utterly  useless.  On  this  point  we  have  abundant  testi- 
mony, but  a  single  statement  must  suffice.  It  is  taken 
from  the  farewell  charge  of  Sir  James  Mackintosh  to  the 
Grand  Jury  of  the  Supreme  Court  of  Bombay,  July  20, 
1811.     He  says: 

"  Since  my  arrival  here,  in  May,  1804,  the  punishment 
of  death  has  not  been  inflicted  by  this  court.  Now,  the 
population  subject  to  our  jurisdiction,  either  locally  or 
personally,  cannot  be  less  than  two  hundred  thousand 
persons.  Whether  any  evil  consequence  has  yet  arisen 
from  so  unusual  (and  in  British  dominions  unexampled) 


RESULT   OP   EXPERIENCE    FAVORABLE.  211 

a  circumstance,  as  the  disuse  of  Capital  Punishment,  for 
so  long  a  period  as  seven  years,  or  among  a  population 
so  considerable,  is  a  question  which  you  are  entitled  to 
ask,  and  to  which  I  have  the  means  of  affording  you  a 
satisfactory  answer. 

"From  May,  1756,  to  May,  1763,  (seven  years,)  the 
capital  convictions  amounted  to  one  hundred  and  forty- 
one,  and  the  executions  were  forty-seven.  The  annual 
average  of  persons  who  suffered  death  was  almost  seven, 
and  the  annual  average  of  capital  crimes  ascertained  to 
have  been  perpetrated,  was  nearly  twenty: 

"For  the  last  fifty  years  the  population  has  more  than 
doubled,  and  yet  from  May,  1804,  to  May,  1811,  though 
we  had  no  capital  execution,  there  have  been  but  six 
convictions  for  murder.  Murders  in  the  former  period 
with  executions  were,  therefore,  nearly  as  three  to  one  to 
those  of  the  latter,  in  which  no  Capital  Punishment  was 
inflicted. 

"This  small  experiment  has,  therefore,  been  made  with- 
out any  diminution  of  the  security  of  the  lives  and  prop- 
erty of  men.  Two  hundred  thousand  men  have  been 
governed  for  seven  years  without  a  capital  punishment, 
and  without  any  increase  of  crimes.  If  any  experience 
has  been  acquired,  it  has  been  safely  and  innocently 
gained." 

Here,  then,  are  the  results  of  abolishment.  To  what- 
ever country  we  turn  our  attention  we  find  the  same 
fivorable  response.  Are  not  these  facts  significant?  Let 
not  our  States,  then,  longer  be  "faithless,  but  believ- 
ing." Cicero  said,  many  centuries  ago,  "Away  with  the 
executioner  and  the  execution,  and  the  very  name  of  its 
engine !  Not  merely  from  the  limbs  but  from  the  very 
thoughts,  the  eyes,  the  ears  of  Eoman  citizens."  Shall 
American  Christians  of  the  nineteenth  century  say  less 
with  reference  to  American  citizens  ? 


% 


CHAPTER    XIV. 

NINTH  REASON  FOR  ABOLISHMENT. 

THE   PHILOSOPHY    OP   HUMANITY    FAVORABLE. 

Validity  of  our  Philosophy  doubted— Kindness  in  the  government  of  Home  and  the 
Family— A  State  or  Nation  a  Family— Want  of  faith  in  Goodness  to  overcome  Evil— 
The  Philosophy  of  Christianity  and  Humanity  harmonious— Saying  of  the  French  Sage — 
Kxample  of  the  State— Conversation  of  the  Monk  and  the  Executioner  -Influence  of 
bloody  Examples -Sacredness  of  Human  Life  should  he  enforced — Early  training  of 
Children— The  (Quakers  free  from  Crime  -Children  Of  Newgate  Criminals. 

The  facts  wliich  we  present  in  the  preceding  chapter, 
will  astonish  many  persons  who  have  given  the  subject 
but  little  attention,  or  whose  education  has  been  such 
that  their  prejudices  are  wholly  enlisted  on  the  side  of 
stern  and  inflexible  laws  for  criminals.  Some  will  doubt 
the  validity  of  the  philosophy  upon  which  the  reform  we 
advocate  is  based,  and  say  it  is  impossible  that  a  mild  and 
lenient  government  should  possess  the  power  to  prevent 
crime,  that  is  found  in  a  stern  and  uncompromising  ad- 
ministration of  justice.  Even  fathers  and  mothers  who 
have  long  since  learned  the  necessity  of  love  and  kind- 
ness in  the  government  of  home  and  the  family,  and  who 
are  certain  from  daily  observation  that  those  children 
are  the  most  disobedient  and  cruel,  who  are  educated 
under  the  most  stern  and  cruel  authority,  will  doubt  the 
philosophy  upon  which  they  base  all  their  hopes  in  do- 
mestic discipline,  when  they  come  to  apply  it  to  the  gov- 
ernment of  a  state  or  nation  and  say,  "w?e  dare  not  trust 
itr  But  what  is  a  state  or  nation  but  a  family?  And 
we  may  be  certain  that  whatever  principles  will  exert  a 
(212) 


THE    PHILOSOPHY   OP    HUMANITY    FAVORABLE.     213 

healthful  moral  influence  on  the  minds  and  hearts  of  our 
children,  will  exert  the  same  influence  on  the  minds  and 
hearts  of  men  and  women,  who  are  but  children  of  a 
larger  growth.  The  philosophy  of  humanity  is  in  har- 
mony with  the  philosophy  of  Christianity,  and  is,  there- 
fore, in  favor  of  abolishment.  Every  principle  begets 
its  like,  "  The  grace  of  Grod  that  bringeth  salvation  to 
all  men  hath  appeared,  teaching  us  that  denying  ungodli- 
ness and  worldly  lusts  we  should  live  soberly,  righteously 
and  godly  in  this  present  world."*  Grod's  grace  or  love 
will  produce  this  efl'ect,  but  wrath,  hatred,  never.  "  The 
goodness  of  Glod  leadeth  thee  to  repentance ;"f  not  his 
vengeance.  Christ  was  once  charged  with  casting  out 
devils  by  Beelzebub  the  prince  of  devils ;  but  he  denied 
the  possibility  of  such  a  thing  by  showing  that  Satan, 
could  not  cast  out  Satan,  or  in  other  words,  that  evil 
could  not  allay  or  destroy  evil,  but  only  the  Spirit  of 
God — or  goodness.  Hence  the  injunction:  "Be  not 
overcome  of  evil,  hut  overcome  evil  with  GOOD;"];  which  is 
the  only  principle  which  can  overcome  evil. 

Now,  in  the  philosophy  of  these  Christian  declarations 
will  be  found  an  explanation  of  the  seeming  mystery  con- 
nected with  the  facts  recorded  in  the  last  chapter,  with 
reference  to  the  eff'ects  of  clemency.  Cruelty  and  retali- 
ation fan  up  the  fires  of  hell  in  the  soul,  while  forbear- 
ance and  gentleness  allay  them  and  awaken  only 
thoughts  of  repentance  and  aspirations  for  a  more  virtu- 
ous and  holy  life.  The  lesson  of  the  French  sage  is  a 
true  one;  "  Une  loi  rigoureuse produii  des  crimes^' — harsh 
laws,  beget  crimes;  and  said  Bentham:  "If  the  legisla- 
tor be  desirous  to  inspire  humanity  amongst  the  citizens, 
let  him  set  the  example;  let  him  show  the  utmost  respect 
for  the  life  of  man.     Sanguinary  laws  have  a  tendency 


*  Tit.  ii :  11.  t  Rom.  ii :  4  J  Rom.  xii :  21. 


214  NINTH    REASON    FOR    ABOLISHMENT. 

to  render  man  cruel,  either  by  fear,  by  imitation,  or  by 
revenge.  But  laws  dictated  by  mildness  humanize  the 
manners  of  a  nation  and  the  spirit  of  government." 

Douglass  Jerrold,  in  his  "Lessons  of  Life,"  gives  a 
conversation  between  a  monh  and  a  hangman  in  Paris,  as 
follows : 

"Ho!  hold  you  there,  Father — ^example.''  'Tis  a 
brave  example  to  throttle  a  man  in  the  public  streets,  on 
the  gibbet.  Why,  I  know  the  faces  of  my  audience  as 
well  as  Dominique  did.  I  can  show  you  a  hundred  who 
never  fail  at  the  gallows'  foot  to  come  and  gather  good 
'example.'  Do  you  think,  most  holy  Father,  that  the 
mob  of  Paris  come  to  a  hanging  as  to  a  sermon — to 
amend  their  lives  at  a  gibbet  ?  No :  many  come  as  they 
would  take  an  extra  dram !  it  gives  their  blood  a  fillip — 
stirs  them  for  an  hour  or  two ;  many  to  see  a  fellow  man 
act  a  scene  which  they  must  one  day  undergo ;  many 
come  as  to  puppets  and  ballet-singers  at  the  Point  Neuf ; 
but  for  example^  why,  father,  as  I  am  an  honest  execu- 
tioner, I  have,  in  my  day,  done  my  office  upon  twenty,  all 
of  whom  were  constant  visitors,  of  years  standing,  at  my 
morning  levees  around  the  gallows,  to  witness  the  jerk 
and  the  struggle.  That  was  the  effect  of  a  'good  example' 
Father!" 

Here  is  exhibited  the  philosophy  of  sanguinary  punish- 
ments; as  an  example,  they  harden  and  demoralize  the 
soul,  and  prepare  men  for  deeds  of  revenge  and  blood. 
When  the  state  kills,  it  authorizes  and  sanctions  the 
work  of  death.  Naturally,  man  has  a  horror  of  taking 
human  life.  His  instincts  revolt  at  it,  and  his  frame 
shudders  at  the  thought  of  it.  It  is  not  the  old  and  ex- 
perienced soldier  who  trembles  at  the  blood  and  carnage 
of  the  battle  field,  but  the  man  whose  sympathies  have 
not  been  blunted  by  these   dreadful   exhibitions.     Let 


THE   PHILOSOPHY   OP   HUMAi^ITY   FAVOKABLE.       215 

ih€  men,  women  and,  children  of  any  community  become 
familiar  with  the  work  of  death  as  sanctioned  by  the  state 
in  the  execution  of  oflfenders,  and  their  horror  of  blood- 
shed will  gradually  but  certainly  diminish,  and  they 
themselves  will  kill  if  they  have  what  they  deem  sufficient 
provocation.  The  state  has  set  the  example.  Duelling, 
bloody  affrays  and  murders,  are  fostered  and  sustained 
by  the  gallows.  This  is  wrong.  The  state,  in  its  dignity, 
should  teach  a  lesson  to  every  man,  woman  and  child, 
just  the  reverse.  Both  by  its  laws  and  its  examples,  it 
should  carefully  maintain  and  enforce  the  sacredness  of 
human  life;  teaching  that  retaliation  and  vengeance  be- 
long alone  to  a  savage  state;  that  to  kill  men  because 
they  have  killed  is  but  perpetrating  the  same  evil ;  that 
it  is  better  to  suffer  wrong  than  do  wrong,  and  that  clem- 
ency, forbearance,  gentleness,  are  more  divine,  ennobling 
and  blessed  than  retaliation  and  vengeance. 

In  every  instance  where  a  state  or  nation  has  exhibit- 
ed such  an  example  it  has  operated  upon  the  people  like 
leaven  on  meal,  assimilating  their  hearts  gradually  but 
surely  to  its  own  divine  nature.  The  officers  of  prisons  in 
Belgium  testified,  that  from  "their  experience  the  abolish- 
ment of  Capital  Punishment  tended  greatly  to  soften  the 
disposition  of  the  mass  of  the  people."  The  same  report 
Gomes  from  Russia  and  Tuscany.  Such  a  thing  in  Maine 
as  a  murder  is  very  uncommon;  and  the  consequence  is, 
when  one  occurs  the  whole  community  is  shocked  in  its 
every  nerve ;  while  in  California,  where  executions  are 
almost  of  daily  occurrence,  the  fact  that  a  man  has 
been  murdered  is  received  as  coolly  as  the  news  of  his 
marriage. 

What  a  true  philosophy  calls  for  as  a  preventive  to 
murder  and  protection  against  it  is,  not  the  gibbet---not 
the  blood  of  the  offender,  but  correct  moral  senti- 


216  NINTH   REASON   FOR  ABOLISHMENT. 

MENT  AMONG  THE  MASSES,  AND  ESPECIALLY  A  DEEP 
REVERENCE     FOR     THE     SACREDNESS     OF     HUMAN     LIFE. 

Let  the  State  see  to  it  that  it  sets  the  proper  example^ 
and  let  all  parents  instil  into  the  minds  of  their  children, 
from  their  very  infancy^  this  reverence  for  human  life, 
and  they  are  effectually  armed  against  deeds  of  blood  to 
the  last  moments  of  their  existence,  as  the  consideration 
of  a  single  fact  will  be  likely  to  convince  them.  The 
Quakers,  or  Friends,  are  very  particular  in  the  education 
of  their  children  on  this  point.  Their  religion  utterly 
forbids  the  practice  of  war,  duelling,  hanging,  or  the  de- 
struction of  human  life  for  any  consideration.  In  their 
very  infancy  their  children  are  impressed  with  this  im- 
portant truth ;  while  always,  in  more  advanced  age,  they 
are  strictly  forbidden  to  attend  an  execution,  or  mingle 
in  the  company  of  those  who  are  familiar  with  crime. 
Now  is  it  not  probable  that  if  all  children  were  educated 
in  the  same  principles  we  should  have  no  need  of  gibbets 
or  State  prisons.  How  seldom  is  a  Quaker  arraigned 
for  crime;  and  what  is  remarkable,  there  is  no  account  on 
record  of  a  murder  committed  by  one  of  this  sect.  Here  is 
the  influence  of  early  training  and  a  correct  moral  senti- 
ment. On  the  other  hand,  the  fact  is  notorious  that 
those  who  have  been  guilty  of  the  most  villainous 
crimes  were  familiar  with  criminals  and  scenes  of  blood 
when  young.  An  English  writer  records  it  as  a  fact,  that 
some  of  the  most  desperate  assassins  ever  incarcerated  in 
the  prison  of  the  Old  Bailey,  in  London,  or  hung  be- 
neath its  walls,  were  the  children  of  parents  who  resided 
in  the  alleys  and  courts  in  that  vicinity  and  who  were  con- 
stantly about  the  prison  and  witnesses  of  every  execution  that 
occurred.  Thousands  transported  to  Botany  Bay,  took 
their  first  lessons  in  crime  at  that  place,  and  beneath  the 
very  shadow  of  the  gallows. 


THE   PHILOSOPHY   OF   HUMANITY    FAVORABLE.     217 

Thus  have  we  demonstrated  that  the  philosophy  of 
Christianity  is  the  best  possible,  as  the  basis  of  all 
human  governments.  Let  us  have  faith  in  it  and  prac- 
tically adopt  it.  "  Overcome  evil  with  good.'^  Would  to 
God  that  men,  especially  Christian  men,  could  give  up 
the  devil^  as  an  incentive  to  purity,  and  confide  more  in 
the  moral  power  of  God — or  goodness  1 


19 


CHAPTER  XV. 

TENTH  REASON  FOR  ABOLISHMENT. 

THE  ENDS  OF  PUNISHMENT   NOT  ANSWERED. 

Three  ejects  of  Punishment— Keformation— Example— Reparation— What  Punish- 
ment is— "W  hat  Revenge  is— The  Christian  Law -Strangling  Men  will  not  Reform  them 
—It  is  not  an  Example  of  Good— It  cannot  restore  the  life  of  the  murdered  Victim. 

The  gallows  does  not  subserve  ajiy  of  the  great  objects  of 
punishment. 

This  is  our  concluding  reason  for  its  abolishment.  It 
is  the  last,  but  by  no  means  the  least  in  importance. 

There  can  be  but  three  proper  objects  of  punishment 
which  are  these,  viz:  First,  the  reformation  of  the  offender ; 
Second,  an  example  for  the  benefit  of  others;  and  Third, 
restitution   or  compensation. 

The  first  is  the  most  important  and  legitimate  object 
of  punishment,  which  always  implies  correction.  "Pun- 
ishment is  the  infliction  of  pain  in  consequence  of  a  neg- 
lect or  violation  of  duty,  loitli  a  view  to  correct  the  evil." 
Hence,  endless  pain,  or  pain  that  results  simply  in  the 
death  of  the  body,  is  not  punishment,  for  the  reason  that 
there  can  be  no  opportunity  for  correction.  The  apostle 
declares  that  "  No  chastening  for  the  present  seemeth  to 
be  joyous,  but  grievous;  nevertheless  afterward  it  yieldeth 
the  peaceable  fruits  of  righteousness  unto  them  which 
are  exercised  thereby."^  But  if  we  "chasten"  a  man  by 
strangling,  or  burning,  or  shooting  him,  what  opportunity 

»Heb.  XV.  11. 
(218) 


THE   ENDS   OF   PUNISHMENT   NOT   ANSWERED.      219 

has  lie  for  amendment.  Christianity  recognizes  all  men 
as  brethren  of  one  great  family,  and  it  demands  that  in 
devising  punishments  its  votaries  should  be  Careful  to 
adopt  those  only  which  will  reclaim  the  vicious.  The 
command  is:  "If  thy  brother  be  overtaken  in  a  fault 
restore  such  an  one;"  not  that  we  strangle  the  life  out  of 
him.  Thus  is  it  enjoined  upon  us  to  exert  ourselves  to 
rectify  and  soften  the  disposition  of  our  brother;  to  cor- 
rect whatever  there  is  wrong  in  him,  and  raise  up  in  his 
soul  a  power  that  shall  be  sufficient  to  counteract  the 
power  of  future  temptation.  And  can  this  be  done  by 
hilling  him?  How  unchristian  is  this  whole  system!  If 
our  brother  is  overtaken  in  a  fault  we  say,  "  hang  him  I 
string  him  up  !  He  has  broken  the  law  of  God  and  man 
and  deserves  to  be  killed !"  If  he  asks  time  for  repentance 
we  say,  "give  him  no  time!"  "He  is  a  murderer,  and 
should  die!"  So  we  kill  him,  whether  he  is  prepared 
for  the  great  change  or  not.  Now  this  is  not  punishment. 
Rather  is  it  revenge^  which  is  "the  infliction  of  pain  in 
consequence  of  the  commission  of  injury,  with  a  view  to 
gratify  a  malignant  passion'^  Should  Christians  ever  be 
controlled  by  malignant  passion? 

The  second  object  of  punishment  mentioned  above,  is 
example  for  the  good  of  others.  We  might  pause  here  to 
argue  the  right  of  society  to  kill  one  man  for  the  good 
of  others,  but  though  the  principle  involves  an  absurdity, 
and,  therefore,  is  not,  and  cannot  be  legitimate,  this 
is  not  the  place  for  its  discussion.  Our  object  here 
is  to  show  that  the  gallows  does  not  subserve  any  of 
the  great  objects  of  punishment.  As  we  have  seen, 
killing  a  man  does  not  reform  him ;  and  we  come  now 
to  say,  that  though  we  may  kill  him  as  an  example, 
for  the  good  of  others,  to  deter  them  from  crime  and 
thus  purify  society,  the  practical  operation  of  the  act  is 


»*. 


220      TENTH  REASON  FOR  ABOLISHMENT. 

found,  by  universal  experience,  to  produce  a  condition 
the  very  opposite  of  that  which  we  desire;  viz.,  instead  of 
its  being  an  example  for  good^  it  is  an  example  for  evil^ 
as  we  have  abundantly  proven  by  an  appeal  to  facts^ 
during  the  progress  of  this  work.* 

The  third  object  of  punishment  is.  Restitution  or  Com- 
pensation. It  is  no  more  than  right,  if  a  thief  steals  my 
purse,  or  a  robber  enter  my  house  and  carry  off  my  prop- 
erty, that  he  be  made  to  restore  it.  I  am  aware  that  this 
principle  is  not  recognized  in  our  penal  codes.  A  man 
may  steal  a  thousand  dollars,  be  convicted  and  serve  out 
his  time  in  the  penitentiary,  return  to  the  world  and  be- 
come wealthy;  but  the  law  does  not  demand  that  he  re- 
store the  stolen  property.  This  is  wrong.  Individual  as 
well  as  general  interests  should  be  recognized  and  taken 
care  of  by  "  the  powers  that  be."  Reparation  should  be 
made.  Both  the  law  of  Moses  and  the  Christian  rule  de- 
mand it.  "  If  a  man  shall  steal  an  ox  or  a  sheep,  and 
kill  it,  or  sell  it,  he  shall  restore  five  oxen  for  an  ox, 
and  four  sheep  for  a  sheep. "f 

Now,  if  the  principle  of  restitution  were  incorporated 
into  our  penal  codes,  and  offenders  should  be  made  to 
recompense  a  fair  equivalent,  either  in  money  or  by  their 
labor  in  prison,  those  whom  they  had  wronged  by  theft 
or  robbery,  it  would  not  only  approve  itself  to  their  minds 
as  an  act  of  reason,  but  it  would  enforce  a  lesson  of 
justice^  which  must  prove  beneficial,  while  at  the  same 
time  it  would  serve,  in  part,  as  punishment  for  the 
offense. 

But  what  we  desire  to  say  in  this  connection  is,  that 
even  if  our  penal  codes  were  based  on  the  principle  in- 
volved here,  the  killing  of  one  man  could  never  restore  the 

*  See  the  xii.  chapter  of  this  work,  in  which  this  point  is  fully  discussed, 
t  Exodus,  xxii.  1. 


THE  ENDS  OF  PUNISHMENT  NOT  ANSWERED.   221 

life  of  his  murdered  victim.  It  could  not  give  back  to  the 
weeping  widow  and  sorrowing  children,  the  slain  hus- 
band and  father.  He  is  gone,  and  the  sacrifice  of  ten 
thousand  lives  could  not  restore  him  to  the  arms  of  those 
beloved,  or  return  him  in  health  to  society.  No  repara- 
tion can  be  made  for  this  dreadful  deed  save  it  be  by 
the  positive  repentance  of  the  heart  of  the  murderer, 
manifested  in  a  constant  desire  to  employ  a  whole  life 
of  labor  for  the  welfare  and  happiness  of  those  who 
specially  suffered  by  the  death  of  the  slain  victim.  Thus 
do  we  see  that  all  the  legitimate  aims  of  punishment  are 
denied  by  the  gallows.  Strangling  men  on  the  gibbet 
till  they  are  dead  will  neither  reform  them,  prevent 
others  from  the  committal  of  crime,  nor  bring  back  to  life 
the  murdered  victim. 

Now,  with  all  these  plain  reasons  against  the  Death 
Penalty,  shall  we  still  continue  it  upon  our  statute  books? 
*'  I  speak  as  unto  wise  men,  judge  ye  what  I  say." 


CHAPTER   XVI. 

OBJECTIONS    CONSIDERED. 

The  Murderer  not  fit  to  Live— Give  him  time  to  Repent,  then  hansr  him— Not  enti- 
tled to  Live -Sufferings  of  the  Innocent -Interestin^c  Incident -Lecount  and  his  Mother 
—  Col.  Hayne  and  his  Son— James  Dawson  and  his  intended  Bride- Conclusion. 

"We  close  what  we  have  to  offer  in  this  work  on  the 
Death  Penalty,  by  a  consideration  of  a  few  objections 
which  are  sometimes  brought  in  favor  of  the  gallows. 

"THE   MURDERER   IS   NOT    FIT    TO    LIVE!' 

But  is  he  fit  to  die?  May  be  you  are  a  professed  Chris- 
tian. Be  cautious  ;  you  tread  on  dangerous  ground  here ! 
Suppose  the  sentiment  so  generally  taught  in  Christian 
books  and  Christian  pulpits  be  true;  viz:  that  the  sinner 
who  dies  with  his  soul  unregenerated  by  the  power  of  the 
Holy  Spirit,  will  be  consigned  to  a  hell  of  infinite  and.  end- 
less anguish,  can  you  have  it  in  your  heart  to  hasten  his 
exit  from  this  state  of  probation?  He  is  a  murderer; 
and  "ye  know  that  no  murderer  hath  eternalMiQ  abiding 
in  him!"*  I  appeal  to  you,  fellow  Christian,  in  the  name 
of  mercy,  and  of  Him  from  whom  you  expect  mercy,  I 
ask,  will  you  hasten  the  doom  of  the  wretched  victim? 
You  have  him  safely  secured  by  bolts  and  bars.  He  can 
no  longer  injure  any  living  creature.  Will  you  deny 
him  the  poor  boon  of  life  a  little  longer?  It  may  be  he 
is  innocent.  Will  you  take  him  from  his  stone  cell,  from 
his  wife  and  children,  from  father  and  mother,  and  thrust 

1  John  iii.  15. 

(222) 


OBJECTIONS    CONSIDF.RED.  223 

him  speedily  out  of  lite,  where  he  mi<2:ht  have  repeated, 
down  into  a  never  dying  hell,  where  repentance  can 
nfiver,  NEVER  come  ? 

"BUT   I   WOULD   GIVE    HIM    TIME   TO    REPENT." 

Yes,  you  would  give  him  time  to  repent : — you  woulu 
prepare  his  soul  for  the  purity  and  bliss  of  heaven  ;  make 
of  him  a  saint  fit  for  glory,  and  then  with  your  Christian 
hands  strangle  the  life  out  of  him  on  a  gibbet.  Yes,  if 
he  were  innocent  you  would  do  this,  if  you  conceived  him 
to  be  guilty.  You  would  do  it  for  your  "  brother  in 
Christ."  Many  a  Christian  has  been  thus  strangled  by 
the  hands  of  Christians: — In  our  own  country,  the  act  is 
perpetrated  every  year  or  month — whilst  the  "  minister  of 
God"  stands  by,  with  Bible  in  hand,  and  pronounces  the 
doomed  culprit  a  "hopeful  subject  of  immortal  felicity." 

Now,  to  us  there  appears  but  little  really  Christian  or 
necessary  in  all  this.  "  As  I  live  saith  the  Lord,  I  have 
no  pleasure  in  (he  death  of  the  sinner  THAT  repenteth, 
hut  rather  that  he  shonld  turn  and  Hve.^^  If  God  has 
no  pleasure  in  the  death  of  a  repentant  sinner,  why 
should  man  ?  Why  should  society  ?  Christian  society  ? 
especially  when  the  offender  is  now  a  pure,  good  Chris- 
tian with  a  heart  full  of  love  to  God  and  love  to  man, 
and,  therefore,  just  jit  to  live.  How  singular  that  we 
should  conceive  it  either  necessary  or  in  harmony  with 
the  demands  of  Christianity  to  kill  one  who,  after  weeks 
or  months  of  prayerful  exertion,  God  has  converted  into 
a  saint.  He  is  no  longer  a  murderer,  but  a  brother 
Christian.  Why  should  we  kill  him?  "If  thy  brother 
trespass  against  thee  seven  times  in  a  day,  and  seven 
times  in  a  day  turn  again  to  thee  saying,  I  repent;  thou 
shall  forgive  himj^'^     The  friend  of  the  gallows  will  give 

♦Luke  xvii:  4; 


22i  OBJECTIONS   CONSIDERED. 

the  murderer  time  to  repent,  he  says,  but  after  he  repents, 
what  then?  Will  he  "forgive"  him?  Not  he.  But  he 
will  administer  to  him  the  eucharist  in  his  stone  cell,  then 
lead  him,  with  a  halter  about  the  neck,  to  the  gallows, 
make  a  hypocritical  prayer  over  him,  pull  down  the  cap, 
give  the  hangman  the  wink,  and  as  the  drop  falls  and 
the  body  of  his  brother  sways  to  and  fro  convulsed  in 
death,  he  rolls  his  eyes  up  to  heaven  and  asks  God  to 
have  mercy  on  his  soul,  when  he  himself  will  have  no 
mercy,  not  even  on  his  body,  for  in  an  hour  it  will  be  cut 
down  and  sent  to  the  dissecting  room. 

It  may  be  said  here  that  this  same  argument  may  be 
employed  against  the  law  that  would  imprison  the  re- 
pentant criminal.  We  answer,  that  the  two  cases  are 
not  parallel.  Strangling  or  beheading  or  shooting  a  fel- 
low creature  is  a  work  of  blood  and  vengeance,  and  the 
worst  and  most  unchristian  use  you  can  put  him  to: 
while  by  a  proper  imprisonment,  he  is  taken  on  a  sort  of 
probation,  and  may  be  instructed,  disciplined  and  blest, 
through  the  very  means  of  confinement.  Indeed,  as  we 
shall  show  in  the  second  part  of  this  work,  this  should 
be  the  leading  object  of  punishment  by  imprisonment. 

"but   the   murderer   is    NOT   ENTITLED   TO    LIVE." 

Would  you  say  that,  my  Christian  friend,  if  he  were 
your  father,  or  husband,  or  brother  ?  Oh,  my  Grod,  how 
heartless  and  inconsiderate  we  are!  "When  we  see  a 
man  led  to  the  gallows,"  says  a  thoughtful  Christian 
writer  of  England,  we  should  say,  "  there  goes  my  father 
— there  goes  my  son."  If  this  were  the  spirit  which 
pervaded  society,  could  we  say,  "the  murderer  has  no 
claims  to  life  ?  Why  should  we  be  so  indiflFerent  to  the 
wretchedness  that  is  the  necessary  consequence  of  hang- 
ing, simply  because  those  who  suffer  are  strangers  to  us? 


OBJECTIONS   CONSIDERED.  225 

Every  man  who  is  executed  holds  endearing  relationship 
with  some  one.  "Is  th.a,t  i/oiir  child?"  asked  a  gentleman 
in  the  streets  of  Boston,  of  a  woman  who,  at  the  peril  of 
her  own  life,  had  saved  a  little  child  from  death  by  a  run- 
away team  of  furious  horses; — "  No  sir,"  she  replied, — 
"it  is  not  iny  child,  but  it  is  somebody  s  child  !"  Every 
man  who  is  executed  is  somebody's  child;  and  no  matter 
how  low  fallen  he  is  in  sin;  no  matter  how  degraded 
and  wretched  he  has  become,  the  heart  of  the  parent 
still  clings  to  him.  Society  may  say  that  he  has  no 
claims  to  life;  it  may  condemn  him  and  strangle  him, 
but  the  parent,  the  wife,  the  child,  cannot  give  him  up. 
I  have  seen  enough  of  the  wretchedness  brought  upon 
the  innocent  in  consequence  of  the  execution  of  the 
guilty.  The  day  before  the  unfortunate  Lecount  was 
hung  in  Cincinnati,  three  years  ago,  I  visited  his  cell  to 
sympathize  with,  cheer,  and  strengthen  him.  He  had 
just  received  the  following  message  from  his  poor  old 
mother,  residing  in  Dayton,  member  of  the  Methodist 
Church,  and  now  seventy-five  years  of  age.  "Oh,  my 
son,  my  son,  would  to  Grod  I  could  die  for  thee,  my  son! 
my  son  !"  Every  member  of  the  family  was  in  agony 
for  days  and  weeks.  They  could  not  sleep  for  thinking 
of  the  dreadful  fate  of  the  doomed  man.  How  many 
thousands  of  innocent  persons  have  dreadfully  suffered 
from  the  same  cause.  It  is  recorded  of  Col.  Hayne,  of 
South  Carolina,  who  was  taken  by  the  English  during 
the  American  Revolution,  that  he  was  thrown  into  prison, 
loaded  with  chains,  and  afterward  condemned  to  death. 
His  son,  who  was  permitted  to  remain  with  him,  was  over- 
whelmed with  consternation  and  grief.  His  father  en- 
deavored to  console  him.  "To-morrow,"  said  he,  "I  set 
out  for  immortality ;  you  will  accompany  me  to  the  place 
of  my  execution :  and  when  I  am  dead,  take  my  body, 


226  OBJECTIONS   CONSIDERED. 

and  bury  it  by  the  side  of  your  mother."  The  youth 
here  fell  on  his  father's  neck,  crying,  "  Oh,  my  father, 
my  father,  I -will  die  with  you!  I  will  die  with  you!" 
The  next  morning  Colonel  Hayne  was  conducted  to  the 
place  of  execution.  His  son  accompanied  him.  Soon  as 
they  came  in  sight  of  the  gallows,  the  father  strengthened 
himself,  and  said,  "Now,  my  son,  show  yourself  a  man! 
That  tree  is  the  boundary  of  my  life,  and  of  all  my  life'a 
sorrows.  Beyond  that,  '  the  wicked  cease  from  troubling 
and  the  weary  are  at  rest.'  Don't  lay  too  much  at 
heart  our  separation ;  it  will  be  short.  'Twas  but  lately 
your  dear  mother  died.  To-day  I  die.  And  you,  my 
son,  though  but  young,  must  shortly  follow  us."  "  Yes, 
my  father,"  replied 'the  broken-hearted  youth,  "I  shall 
shortly  follow  you,  for,  indeed,  I  feel  that  I  cannot  live 
long."  And  his  melancholy  anticipation  was  fulfilled  in 
a  manner  more  dreadful  than  is  implied  in  the  mere  ex- 
tension of  life.  On  seeing  his  father  in  the  hands  of  the 
executioner,  and  then  struggling  in  the  halter,  he  stood 
like  one  transfixed  and  motionless  with  horror.  Till 
then,  proceeds  the  narration,  he  had  wept  incessantly; 
but  soon  as  he  saw  that  sight,  the  fountain  of  his  tears 
was  staunched,  and  he  never  wept  more.  He  died  insane; 
and  in  his  last  moments  often  called  on  his  father,  in 
terms  that  brought  tears  from  the  hardest  hearts. 

Hundreds  of  such  incidents  are  on  record.  Some 
years  ago,  a  young  man  by  the  name  of  James  Dawson, 
with  eighteen  others,  was  executed  in  England  for  trea- 
son. At  the  time,  he  was  strongly  attached  to  a  young 
lady  to  whom  he  expected  to  be  wedded  on  the  very  day 
of  his  death. 

"Not  all  the  persuasions  of  her  kindred  could  prevent 
her  from  going  to  the  place  of  execution.  She  was  deter- 
mined to  see  the  last  hour  of  a  person  so  dear  to  her  ; 


OBJECTIONS   CONSIDERED.  227 

and  accordingly  followed  the  sledges  in  a  hackney  coach, 
accompanied  by  a  gentleman  nearly  related  to  her,  and 
one  female  friend.  She  got  near  enough  to  see  tfi^.fire 
kindled  which  was  to  consume  that  heart  which  she  ^ 
knew  was  so  much  devoted  to  her,  and  all  the  other  .■'^ 
dreadful  preparations  for  his  fate,  without  being  guilty 
of  any  of  those  extravagances  her  friends  had  appre- 
hended. But  when  all  was  over,  and  she  found  that  he 
was  no  more,  she  drew  her  head  back  in  the  coach,  and 
crying  out,  'My  dear,  I  follow  thee — I  follow  thee'— 
sweet  Jesus,  receive  both  our  souls  together  !' — fell  on 
the  neck  of  her  companion,  and  expired  in  the  very 
moment  she  was  speaking." 

Here  we  gather  a  glimpse  of  the  wretchedness  brought 
upon  the  innocent  through  the  instrumentality  of  the 
Death  Penalty.  Would  we  then  trample  every  vestige 
of  mercy  under  our  feet  and  strangle  the  life  out  of  our 
fellow  creatures,  without  regard  to  others  whose  hearts 
are  full  of  affections,  simply  because  we  have  conceived 
the  idea  that  they  are  not  entitled  to  life?  It  was  once 
said  that  the  burglar,  the  thief,  and  the  robber  were 
not  entitled  to  life,  but,  thanks  to  Grod,  that  day  of  dark- 
ness has  passed  and  a  brighter  and  more  hopeful  has 
dawned. 

In  conclusion,  then,  I  would  say,  my  fellow  Christian 
— or  fellow  mortal — for  we  aife  all  mortal  whatever  our 
views — let  us  study  and  labor  for  the  advancement  of 
humanity.  If  the  gallows  is  not  a  Christian  institution, 
— if  it  is  not  neccessary — if  it  endangers  the  lives  of  the 
innocent — if  it  will  not  secure  either  individual  or  pub- 
lic safety — if  executions  are  deleterious — if  their  influ-  * 
ence  is  only  to  harden  the  heart  and  multiply  crime — in 
a  word,  if  we  have  proven  what  we  have  attempted  in 
this  work,  why  should  the  gallows  exist  a  single  day 


p- 


228  OBJECTIONS   CONSIDERED. 

longer  in  any  State  in  our  Union  of  States  ?  Down  witli 
it,  then !  It  belongs  not  to  the  present,  but  to  a  darker 
age.  If  we  are  Christians  let  us  trample  under  our  feet 
the  very  epirit  which  sustains  and  perpetuates  it,  and  in 
future  look  only  to  the  cross  of  Christ  for  light  to  direct- 
us.  We  need  have  no  fears  to  go  where  he  leads;  for 
he  is  the  "  Way,  the  Truth,  and  the  Life."  If  we  base  our^ 
laws  upon  Hh  law  of  mercy  and  justice  we  shall  be  cer- 
tain of  securing  the  best  good  of  ourselves  and  our  fel- 
low men. 

"  The  quality  of  mercy  is  not  strained  ; 

It  droppeth  as  the  gentle  rain  from  heaven 

Upon  the  place  beneath  ;  it  is  twice  blessed  ; 

It  Uesseth  him  that  giveth  and  him  that  takes  ; 

'Tis  mightiest  in  the  mightiest ;  it  becomes 

The  throned  monarch  better  than  his  crown  ; 

His  sceptre  shows  the  force  of  temporal  power, 

The  attribute  to  awe  and  majesty, 

Wherein  doth  sit  the  dread  and  fear  of  kings. 

But  mercy  is  above  the  sceptred  sway  ; 

It  is  enthroned  in  the  heart  of  kings ; 

It  is  an  attribute  of  God  himself; — 

And  earthly  power  doth  show  likest  God's 

When  mercy  seasons  justice." 


THE    PRISON. 


*, 


The  Prison  of  the  Eighteenth  Century. — Page  234. 


THE    PRISON 


CHAPTER    I. 

CRIME— THE  CRIMINAT.   AND  THE  PRISON. 


Crime  in  New-York  City,  Philadelphta.  ami  the  United  States -Crime  in  Great  Bri- 
tain and  France -Crime  in  Ciiristendom-Kive  Hundred  Tiiousand  Criminals  in  tlie 
Christian  World-What  shall  be  done  with  tliem— Mad-Hoxises  in  the  Past— Prisons  in 
the  Past— Treatment  of  Prisoners  Regarded  as  lnmjraM<i  -Dreadful  Cruelty, 


In  New- York  city,  during  the  year  1855,  nearly 
34,000  arrests  were  made";  in  Philadelphia,  38,657;  in 
Cincinnati,  12,560 ;  in  Boston,  13,200 ;  and  in  other 
cities  nearly  tlio  same,  in  ratio  to  the  population.  A 
large  portion  of  those  arrested  were  discharged  ;  while  a 
large  portion  were  guilty  only  of  small  offenses.  In 
1850,  according  to  the  United  States  Census,  the  peni- 
tentiaries of  this  country  contained  5,646  convicts,  while 
prisons  of  every  description  contained  40,000  criminals. 
In  England  and  Wales,  during  the  year  1853,  there  were 
27,057  commitments  to  the  various  prisons  for  crime. 
In  addition  to  this,  it  is  estimated  that  London  contains 
1^)0,000  vagrant  men  and  women;  that  is,  men  and 
women  who  have  no  steady  employment — who  are  cor- 
rupt in  their  morals,  poor,  filthy,  intemperate,  and 
many  of  them  wretchedly  loathsome.  Paris,  20,000. 
New- York  has  nearly  4,000,  Philadelphia  3,500,  and 
Cincinnati  1,500  of  this  class.     Following  in  their  foot- 

r23n 


^  ^^ 


4 

232  CRIME — THE   CRIMINAL   AND   THE   PRISON. 

steps,  there  are  60,000  vagrant  children  in  London  and 
Paris,  and  nearly  half  this  number  in  the  three  large 
American  cities  above  named.  These  children  obtain 
no  instruction  from  our  schools,  though  our  school- 
houses  are  always  open  for  their  reception.  They  are 
poor,  ragged,  corrupt,  vicious,  and  fast  approaching  the 
moral  and  physical  condition  of  old  offenders.  These 
vagrant  men,  women  and  children,  live  chiefly  by  petty 
thieving.  They  never  steal  large  amounts,  but  are  guilty 
of  pilfering  any  small  thing  upon  which  they  can  lay 
their  hands  and  turn  to  immediate  use.  The  parents  of 
such  children  not  unfrequently  instruct  them  in  the  art 
of  thieving,  so  that  from  this  class  come  thousands  of 
our  most  adroit  pick-pockets  and  burglars. 

In  the  foregoing  we  have  mentioned  only  a  few  great 
cities  of  the  Christian  world.  These  classes  exist,  how- 
ever, in  every  city,  town  and  country  in  Europe  and 
America,  and  nearly  to  the  extent,  in  ratio  to  the  popu- 
lation, which  we  have  mentioned.  So  that  from  these 
partial  statistical  facts  it  will  be  perceived  that  in  a  pop- 
ulation of  250,000,000,  which  is  said  to  be  the  present 
population  of  Christendom,  there  must  be,  at  least,  500,- 

000  human  beings,  young  and  old,  guilty  of  various 
degrees  of  crime.  What  an  army  !  And  what  are  the 
demands  of  Christianity  with  reference  to  these  classes  ? 

1  write  for  all,  but  especially  for  Christians.  Our  States 
are  professedly  Christian  States  —  our  government  a 
Christian  government.  I  put  the  question  to  every 
Christian  who  reads  this  book,  "  What  shall  he  done  with 
these  classes  of  our  fellow-creatures?^^  And  the  question 
is  one  of  exceeding  importance  and  fraught  with  in- 
terest, not  only  to  the  criminal  classes  themselves, 
but  to  a??,  for  individual  security  and  happiness  are  in- 
separably connected  with  the  purity  of  public  morals ; 


CRIME — THE   CRIMINAL   AND   THE   PRISON.         233 

and  besides  this,  no  man  can  tell  how  soon  the  question 
may  interest  him  personally.  His  own  son — or  daugh- 
ter— may  soon  be  numbered  with  transgressors.  We  ask 
again,  what  shall  be  done  with  these  classes? 

We  know  what  was  done  with  them  a  brief  time  ago — 
and  what  IS  done  with  them  in  our  day;  and  both  the 
past  and  the  present  are  full  of  prophecy  for  the  future. 
In  the  past,  men,  Christian  men,  looked  on  criminals  as 
voluntary  enemies  of  mankind;  and  treated  them,  not 
as  weak,  or  dull,  or  unfortunate  human  beings,  but  as 
beasts.  Even  lunatics  were  treated  in  the  same  spirit. 
"Mad-houses  were  simply  stone  pens,  or  jails,  encom- 
passed by  high  and  gloomy  walls — without  a  tree  or 
shrub,  or  blade  of  grass;  without  shade  in  the  heat  of 
summer,  or  protection  from  the  cold  of  winter ;  with  the 
hard,  stony  soil  worn  into  hollows  from  the  restless  feet 
that  trod  it;  and  the  only  luxury  there,  a  bench  fastened 
to  the  wall  with  massive  iron  rings  above  it,  so  that  even 
in  the  open  air,  force,  instead  of  care,  might  rule  the 
wretched  inmates."  Into  these  places,  and  iron  cages, 
were  the  unfortunate  creatures  thrust,  and  there  kept  in 
nakedness  and  filth.  If  restless,  they  were  chained  with 
iron  and  beaten  with  whips.  If  they  gnashed  their  teeth 
and  tore  their  hair,  and  raved,  they  were  beaten  all  the 
more,  as  if  madmen  were  not  our  brethren,  but  devils. 
And  what  was  the  result?  Were  these  wretches  cured  of 
their  madness?  Was  their  condition  bettered?  Not  at 
all.  Such  results  were  never  contemplated.  But  what  a 
change  a  few  years  has  wrought!  "Now,"  as  one  has  ex- 
pressed it,  "  lunacy  is  a  disease,  to  be  prescribed  for  as 
fever  or  rheumatism.  When  we  find  an  incurable  case  we 
do  not  kill  the  man,  nor  chain  him,  nor  count  him  a 
devil.  Yet  lunacy  is  not  curable  by  force,  by  jails,  dun- 
geons, and  cages;  only  by  the  medicine  of  wise  and 
20 


234         CRIME — THE   CRIMINAL    AND   THE   PRISON. 

good  men.  What  if  Christ  had  met  one  demoniac  with 
a  whip,  and  another  with  chains  !" 

So  with  the  criminal.  All  men  regarded  him,  but  a 
few  years  ago,  as  iiicurahle,  and  worse  than  worthless — 
deserving  only  to  be  thrown  into  some  wretched  prison, 
or  tortured,  then  killed,:  and  buried  in  a  dunghill. 
Criminals  were  scourged  and  mutilated  and  branded  with 
red-hot  iron — but  never  instructed,  improved  and  blessed 
as  the  religion  of  Christ  and  a  common  humanity  de- 
mand. The  whole  apparatus  for  punishing  the  offender, 
from  the  guillotine  and  the  faggot  down,  was  founded  in 
the  spirit  of  revenge  and  force,  and  never  in  love  and 
attraction.  Jesus  never  drives  any  body  into  his  king- 
dom with  whips  and  torture.  His  language  is  not  go, 
but  come:  "Come  unto  me  all  ye  that  labor  or  are  heavy 
laden."  How  then  could  the  system  of  punishment 
ipraeticed  by  our  fathers  have  been  Christian  ? 

Behold  the  prisons  of  Europe,  but  a  single  century 
^go !  What  was  the  design  for  which  they  were  erected? 
;Was  it  to  safely  keep  the  offender  ;  to  treat  him  kindly; 
to  convince  him  of  his  error,  instruct,  reform  and  bless 
him,  and  send  him  back  to  the  world  when  his  term  of 
service  expired,  a  better  husband,  or  father,  or  son,  and  a 
more  worthy  citizen  ?     By  no  means. 

This  is  an  idea,  what  we  have  learned  of  it,  of  modern 
origin.  Prisons,  even  of  a  comparatively  recent  era,  as 
we  have  seen  during  the  progress  of  these  pages,*  were 
simply  dungeons  of  incarceration,  into  which  men  and 
women  were  thrown  only  to  be  abused  and  hidden  from 
society.  The  most  inhuman  monsters  were  often 
appointed  as  keepers,  and  comfort  or  even  kindness  was 
seldom  experienced  by  those  whose  misfortune  or  offense 
had  placed  them  within  the  power  of  these  men. 

*Seo  pwijes  36—7,  extrnot  £rom  Maoaulay. 


CRIME — THE   CRIMINAL   AND   THE    PRISON.  235 

All  history  attests  to  the  fact  that  "  torture  in  every 
variety;  chains,  stripes,  solitary  confinement  in  dark- 
ness, dampness  and  idleness ;  promiscuous  crowding  of 
offenders  of  every  degree  of  guilt  in  the  same  loathsome, 
pestilential,  narrow  vaults ;  insufficient  and  unwhole- 
some food ;  filth,  illness  of  the  body  and  sickness  of  the 
soul,  are  among  the  cruelties  which  have  been  inflicted, 
in  every  age,  on  the  doomed  criminal — whether  guilty 
or  innocent,  as  a  punishment  for  his  ofi'ense."*  Where 
were  the  sympathies,  where  the  wisdom  of  the  Christian 
world  during  these  ages  ?  Where  was  the  spirit,  where 
the  example  of  the  blessed  Jesus  ? 

It  was  not  till  the  last  century  that  society  manifested 
sufficient  interest  in  the  class  of  men  of  whom  I  am  speak- 
ing, to  inquire  into  their  condition,  or  even  ask  if  it 
could  not  be  bettered ;  and  it  was  then  aroused  from  its 
lethargy  mainly  by  the  eff'orts  of  a  single  man.  There 
were,  indeed,  previous  noble  examples  of  attention  to 
those  who  were  sick  and  in  prison.  The  names  of  Carlo 
Borromeo,  Claudius  Bernard  and  St.  Vincent  De  Paul 
are  all  bright  with  deeds  of  humanity.  But  their  good 
acts  were  confined  mostly  to  particular  localities.  Not  so 
with  those  of  the  immortal  Howard,  a  man  whose  name 
will  live  in  the  hearts  of  the  humane,  so  long  as  sin  and 
suffering  afflict  our  earth.  He  conceived  that  the  whole 
system  of  criminal  punishment  was  based  on  a  wrong 
principle — that  the  cruelty  men  endured  in  prison  was 
not  only  unchristian  but  wrong  in  itself,  and  he  went 
about  the  work  of  reform.  From  the  year  1773  to  1790 
— the  year  in  which  he  died — he  spent  his  whole  time  in 
visiting  and  inspecting  prisons,  first  in  England,  Ire- 
land and  Scotland,  and  afterwards  throughout  Europe, 
and  in  endeavoring  to  ameliorate  the  condition  of  pris- 

* Encyclopcedi*  Americana,  Vol.  X.  p.  342. 


236  CRIME — THE    CRIMINAL   AND    THE   PRISON. 

oners  guilty  of  every  degree  of  crime.  In  this  sublime 
employment  lie  chose  to  apply  the  fortune  with  which  ho 
was  favored  ;  and  when  he  disclosed  to  the  world  the  suf- 
ferings and  atrocities  which  everywhere  prevailed  in  pris- 
ons, all  Christendom  was  filled  with  horror  and  indigna- 
tion. Thoughtful  and  Christian  men  were  astonished  at 
their  own  indiflference ;  and  even  those  who  exercised 
control  over  prisons  showed  by  the  guilty  consciousness 
with  which  they  shrank  from  the  revelations  of  the  cru- 
elties committed  under  their  authority,  that  they  felt 
themselves  accountable  for  the  most  dreadful  outrages 
and  wrongs,  notwithstanding  they  were  supported  by 
custom. 


CHAPTER    II. 

'  DEMANDS  OF  CHRISTIANITY. 

What  shall  we  do  with  the  Criminal?— He  belonf?s  to  the  Body -Politic— Christ  th« 
Head  of  every  Man— Sentiments  of  Christians  still  destitute  of  Sympathy— No  Patienca 
for  the  Criminal -Patience  of  Christ- Patience  of  God— Story  of  Abraham  and  the 
Sinner— Imperfection  of  Humanity  -God  the  Common  Father— VVe  are  all  Members  of 
the  same  Family -Christ  came  to  Bless  all,  especially  the  Sinful  and  Unfortunate— Wo 
are  taught  to  do  rOK  them,  as  well  as  with  them. 

By  the  preceding  chapter  we  get  a  glimpse  of  what 
was  done  with  wicked  men  a  little  while  ago.  But  the 
question  returns  what  shall  we  do  with  them?  They  are 
still  among  us — the  hardened  criminal — the  drunken 
vagrant — the  young  in  crime — the  degraded  female — and 
thousands  of  vagrant  boys  and  girls,  as  we  have  seen,  in- 
habiting filthy  cellars  and  garrets  in  our  large  cities — 
candidates  for  the  jail  and  penitentiary.  These  are  all 
in  our  midst  and  are  so  many  members — corrupt  mem- 
bers, but  none  the  less  members — of  the  "  body  politic." 
What  shall  we  do  with  them  ? 

There  are  yet  those  in  society  who  say,  ''  they  are 
worthless ;  cut  them  off  and  cast  them  away ;  the  sooner 
we  are  rid  of  them  the  better."  But  is  this  Christian  ? 
Is  it  best  ?  Would  you  sever  the  finger  with  a  felon,  or 
the  foot  containing  a  sore,  so  long  as  the  surgeon  gives 
promise  of  cure  ?  Would  not  amputation  weaken  the 
body  and  throu^  sympathy  injure  its  circulations  ? 
The  Sandwich  Island  savages  once  had  a  custom  of  kill- 
ing their  old  men  and  women,  because  through  age  and 
weakness,  they  were  a  tax  on  the  efforts  and  strength  of 
the  younger.     But  that  was  a  heathen  custom.     We  are 

(237) 


238  DEMANDS   OF    CHRISTIANITY. 

Christians.  We  are  "all  members  one  of  another." 
Christ  is  the  Head  of  every  man ;  he  died  for  all, 
even  for  the  most  corrupt  members  of  the  great  body  of 
humanity!  Why,  then,  should  any  man — any  Christian, 
especially  —  say,  cut  off  these  base  members  forever 
from  all  intercourse  with  humanity,  truth,  goodness  and 
happiness — hang  them  on  a  gibbet — plunge  them  into 
dungeons — show  them  no  pity — no  mercy?  Ah,  Chris- 
tian reader,  do  i/ou  not  expect  mercy  at  the  hand  of  Grod  ? 
You  have  "  no  patience,"  you  say,  ''  with  wickedness." 
No  patience  with  those,  even,  who  would  strive,  as  Christ 
did,  to  better  the  condition  of  these  perishing  ones. 
*'  Why  show  sympathy  for  a  thief?"  you  ask.  "  Why 
talk,  and  preach,  and  speculate  about,  and  strive  to  bless 
those  whom  God  has  cursed  ?  Why  build  '  magnificent 
prisons'  for  the  comfort  of  such  men  ?  and  expend  mil- 
lions to  better  their  condition  ?  This  is  all  mock  sym- 
pathy, and  lean  have  no  patience  with  it." 

But  would  this  be  your  feeling,  this  your  declaration, 
if  your  father,  or  son,  or  brother  were  a  convict?  And 
has  it  never  occurred  to  you  how  easy  it  is  for  human 
nature  to  yield  to  temptation  ?  and  how  possible  it  is  for 
even  you  to  become  a  criminal  ?  Many  professed  minis- 
ters of  Christ,  who  once  scouted  all  kindness  and  sympa- 
thy for  the  wretched  offender,  are  now  inmates  of  our 
penitentiaries.  ''  Who  art  thou,  0  man,  that  boasteth? 
Let  him  that  thinketh  he  standeth,  take  heed  lest  he  fall." 

Are  you  a  Christian,  and  yet  refuse  to  show  mercy  to 
those  out  of  the  way  ?  Have  you  studied  the  history  and 
teachings  of  your  Master?  Was  he  ever  out  of  patience 
with  the  wretched  criminal  ?  Has  he  not  instructed  you 
to  visit  those  who  were  in  prison  ?  and  behold  his  sym- 
pathy for  the  miserable  thieves  as  h^  hung  upon   the 


DEMANDS   OF   CHRISTIANITY.  239 

cross.  Even  in  the  midst  of  malediction  lie  only  blessed. 
You  have  no  patience ;  and  yet  behold  the  patience  of 
Jesus,  and  of  God  the  Great  Sovereign  of  the  universe, 
"  It  is  not  the  will  of  your  Father  which  is  in  Heaven 
that  one  of  these  little  ones  should  perish."  When  all 
had  become  wicked — all  had  gone  out  of  the  way — when 
"there  was  none  good,  no  not  one,"  God  was  not  impa- 
tient, but  he  sent  his  only  begotten  and  well  beloved  Son 
to  die  for  the  world  as  an  example  for  man,  and  to  com- 
mend his  love  to   his  great  family. 

**  O,  for  grace  our  hearts  to  soften. 
Teach  us,  Lord,  like  thee  to  love  ; 

We  forget,  alas,  too  often, 
What  a  friend  we  have  above. 

Hear  the  story  of  Abraham  and  the  sinner,  and  learn 
a  lesson  of  patience  and  humiliation : 

"  And  it  came  to  pass  that  Abraham  sat  in  the  door  of 
his  tent,  about  the  going  down  of  the  sun.  And  behold, 
a  man  bent  with  age,  came  from  the  way  of  the  wilder- 
ness, leaning  on  a  staff.  And  Abraham  arose  and  met 
him,  and  said  unto  him,  turn  in,  I  pray  thee,  and  wash 
thy  feet,  and  tarry  all  night ;  and  thou  shalt  arise  early 
in  the  morning  and  go  on  thy  way.  And  the  man  said, 
nay,  for  I  will  abide  under  this  tree.  But  Abraham 
pressed  him  greatly.  So  he  arose  and  turned  and  they 
went  into  the  tent.  And  Abraham  baked  unleavened 
bread  and  he  did  eat.  And  when  Abraham  saw  that  he 
blessed  not  God,  he  said  unto  him,  Wherefore  dost  thou 
not  worship  the  Most  High  God?  And  the  man  an- 
swered and  said,  I  do  not  worship  thy  God  but  mine. 
And  Abraham's  zeal  was  enkindled  against  the  man,  and 
he  arose  and  fell  upon  him  and  drove  him  forth  with 
blows  into  the  wilderness. 


240  DEMANDS   OP   CHRISTIANITY. 

And  God  called  unto  Abraham,  saying,  Abraham 
where  is  the  stranger?  And  Abraham  answered.  Lord 
he  would  not  worship  thee,  neither  would  he  call  upon 
thy  name;  therefore  have  I  driven  him  out  from  before 
my  face  into  the  wilderness. 

And  God  said,  have  I  borne  with  hiuL  these  hundred 
and  ninety  and  eight  years,  and  nourished  him  and 
clothed  him,  notwithstanding  his  rebellion  against  me, 
and  couldst  not  thou,  thyself  a  sinner,  bear  with  him  even 
one  night  f 

I  know  that  we  profess  to  be  Christians,  but  how  little, 
after  all,  do  we  cherish  and  practice  what  is  Christ-like. 
How  little  do  our  criminal  jurisprudence  and  our  feel- 
ings toward  the  guilty  partake  of  the  nature  of  the  Chris- 
tian religion — a  religion  which  recognizes  God  as  a  com- 
mon Father,  and  all  men  as  brethren — belonging  to  the 
same  great  family,  possessing  the  same  physical  and  mor- 
al nature;  subjects  of  the  same  temptations,  and  destined, 
ultimately,  to  the  same  immortality.  All  are  sinful. 
Perfection  is  not  known  to  mortality;  but  some  are  more 
sinful  than  others — not  innately,  but  from  a  difference  in 
organization,  circumstances  and  education.  This  is  the 
history  of  man  from  the  beginning.  The  weak  and  the 
strong,  the  righteous  and  the  wicked,  the  rich  and  the  poor 
mingle  together,  and  the  Lord  is  the  maker  of  them  all. 
Christianity  contains  the  Father's  instructions  for  the 
government  of  his  family.  He  would  have  them  all 
happy,  all  blessed ;  and  to  this  end  he  makes  it  the  duty 
of  the  strong  to  assist  the  weak;  the  righteous  to  bear 
with  and  reclaim  the  wicked;  and  the  rich  to  sympathize 
with  and  aid  the  poor.  We  gaze  upon  the  loathsome, 
ragged  vagrant — diseased  externally  and  internally — or 
upon  a  herd  of  offenders  against  the  laws  of  God  and  man, 


DEMANDS   OP   CHRISTIANITY.  241 

huddled  in  jail,  or  at  work  in  the  penitentiary,  with  guilt 
and  self-abasement  enstamped  upon  their  features,  and 
we  saj,  "  they  are  doomed  objects  of  the  law's  vengeance, 
good  enough  for  them — no  matter  how  cruelly  they  are 
treated — they  are  not  entitled  to  the  sympathy  or  aid  of 
good  men!"  But  what  a  violation  is  this  of  the  spirit 
and  teachings,  the  history  and  death  of  the  blessed 
Jesus!  How  did  he  labor  for  the  little  ones  and  the 
weak  of  earth's  children.  How  kind  was  he  to  tne  un- 
thankful and  the  evil.  Follow  him  from  city  to  city, 
over  the  mountains  and  along  the  valleys  of  Judea; 
Bee  him  in  the  hovels  of  the  poor — the  abodes  of  wretch- 
edness— in  the  cells  of  the  prisoner — and  every  where 
and  always  is  he  laboring  for  the  doomed  millions  of 
God's  family.  It  is  for  these  that  he  specially  toils.  "  I  am 
not  come  to  call  the  righteous  but  sinners  to  repentance."^ 
"  They  that  be  idJioU  need  not  a  physician  but  they  that 
be  sifA;.f"  "The  spirit  of  the  Lord  is  upon  lue,  because 
he  hath  anointed  me  to  preach  the  Gospel  to  the  poor; 
he  hath  sent  me  to  heal  the  hroTcen-hearted^  to  preach  de- 
liverance to  the  captives,  recovering  of  sight  to  the  hlindy 
.  .  .  .  and  to  set  at  liberty  them  that  are  Lruised.'"X 

The  classes  that  we  have  mentioned  are  wicked  and 
dangerous — they  lack  moral  principle — and  are  some- 
times even  desperate.  Society  has  a  right  to  secure 
them — to  punish  them.  But  it  has  no  right  to  go  beyond 
the  dictates  of  mercy  and  justice  and  punish  with  ven- 
geance. It  has  no  right  to  debase  one  of  its  members  any 
more  than  is  absolutely  necessary  to  the  attainment  of 
its  design.  It  has  no  right  to  endanger  the  health  or  the 
intellect,  or  injure  the  remaining  principles  of  any,  even 
the  most  abandoned  and  desperate;  but  it  should  mete 

*  Matthew  9:  13.  t  Matthew  9:  12.  X  Luke  4:  18. 

21 


242  DEMANDS   OF   CHRISTIANITY. 

out  punishment  ivith  an  eye  single  to  the  good  of  the  offender 
and  public  security.  This  is  the  demand  of  the  Christian 
religion.  It  will  allow  nothing  short.  The  criminal  is 
unfortunate.  If  there  is  a  weakly  born,  or  wayward,  un- 
fortunate child  in  the  family,  will  the  good  parent,  or 
brother  or  sister,  cast  him  out  and  curse  him?  Would  it 
not  rather  be  a  dictate  of  kindness  and  wisdom  for  all  the 
family  to  unite  their  energies  to  instruct,  improve,  cor- 
rect and  bless  him?  And  this  is  precisely  what  Chris- 
tianity asks  of  you  and  me  and  all  concerning  our  weakly 
organized,  sinful  and  unfortunate  brethren  and  sisters  of 
the  human  race.  And  thus  does  it  demand  of  us  to  do 
something  for  them,  a  truth  which  the  great  mass  of 
Christians  have  yet  to  learn.  They  have  conceived  that 
if  they  have  dorie  aioay  with  them;  they  were  performing 
their  whole  duty.  "  The  Son  of  Man  came  not  to  destroy 
men's  lives  but  to  mve  them." 


»  Luke  9:  66. 


CHAPTER    III. 

ABANDONED  VAGRANT  CHILDREN. 

Crime  in  Embryo— Abandoned  Vagrant  Children— 22,000  in  N.  York  City— Dogma  of 
Total  Depravity  False  and  Pernicious— Necessity  of  a  Proper  Culture— Good  Seed  and 
Soil  in  every  Soul— How  can  we  expect  those  educated  in  Depravity  to  bring  forth 
Fruits  of  Virtue  and  Holiness -Interesting  Incident  at  Long  Island  Farms— What 
the  State  is  doing  to  Crush  these  Little  Ones  Doing  Nothing  for  them— Children  seven 
years  old  in  Jail-What  it  should  do  in  their  behalf— Ohio  Penitentiary -New-York— 
Massachusetts— Vermont— Benevolent  Societies— They  are  not  Sufficient. 

Having  shown  the  demands  of  Christianity  and  a  com- 
mon humanity  with  reference  to  the  classes  of  sinful 
beings  we  have  enumerated,  let  us  now  proceed  to  state 
more  definitely  their  condition,  and  what  society  is  doing 
and  should  do  in  their  behalf.  And  we  begin  where  it  is 
proper  we  should,  viz :  with  abandoned  vagrant  chil- 
dren, OR  CRIME  IN  EMBRYO. 

Think  what  a  child  is — i/our  child — what  it  may  be 
with  a  careful  tender  culture — what  it  is  likely  to  be  if 
abandoned  to  the  temptations  and  wickedness  of  the 
world,  and  answer  your  own  conscience  if  it  is  not  the 
duty  of  the  strong,  the  rich,  the  guardians  of  Christian 
society,  to  see  to  it  that  no  child  of  this  great  family  be 
left  to  perish  for  the  lack  of  a  home,  kindness  and  profit- 
able instruction?  And  yet,  how  sad  is  the  thought  that 
every  great  city  contains  thousands,  some  of  them  tens  of 
thousands,  who  are  thus  abandoned.  Abandoned!  How 
little  of  Christ  is  in  that  word!  Did  He  ever  abandon 
any  of  the  great  family,  young  or  old,  no  matter  how 
sinful  or  wretched  ?  And  yet,  all  over  the  world,  there 
are  thousands  of  men  and  women,  and  even  little  chil- 
dren, abandoned  by  one  another  and  by  all  men,   to  the 

(243^ 


244  ABANDONED   VAGRANT   CHILDREN. 

lust  of  liellisli  passions;  to  crime  and  to  a  career  of  sin, 
degradation  and  death. 

During  tho  year  1854,  there  were  more  than  10,000 
arrests  and  6,000  commitments  of  boys,  and  12,000  arrests 
and  7,000  commitments  of  girls  in  the  city  of  New- York 
alone,  between  the  ages  of  jive  and  fifteen.  Grreat  God ! 
what  a  thought!  Twenty-two  thotisand  children  of  this 
description  in  Ohrisiian  New-York!  Think  of  the  vice 
— the  young  depravity — the  taint  and  moral  desolation — ■ 
the  blasphemy,  obscenity,  drunkenness,  wantonness — the 
rags  and  filth  connected  with  these  thousands,  and  the 
history  of  a  life  of  crime,  suffering  and  death  which  may 
follow,  and  if  you  have  tears — weep ! 

Do  you  say — as  many  Christians  have  said,  our  fathers 
and  mothers  especially — that  "these  vagrants  are  born 
to  crime — are  full  of  evil — totally  depraved — no  one  can 
benefit  them — send  them  to  the  prison  or  the  gibbet,  they 
have  no  claim  on  our  humanity!"  But  would  you  say 
this  were  your  child  or  your  son's  child  included  ?  And 
he  may  be ;  who  knows?  Can  you  say  it,  and  possess  the 
spirit  of  Christ  ?  Was  jBe  ever  thus  heartless?  These 
children  are  depraved,  sinful,  wicked,  but  in  their  nature 
no  more  so  than  others.  We  visit  the  dark  and  narrow 
alleys  of  our  great  cities,  where  dwell  hogs  and  filth — we 
enter  the  wretched  cellars  and  garrets,  and  if  we  remain 
for  any  length  of  time,  we  may  discover  an  exhibition  of 
human  nature  most  depraved  and  sorrowful  to  contem- 
plate;  but  just  what  any  man  of  sober  judgment  would 
expect  under  the  circumstances. 

The  soil  and  the  seed  of  virtue — of  pure  and  generous 
emotions  and  principles — as  well  as  their  opposite,  are 
in  the  nature  of  every  child.  What  they  need  is  care 
and  culture.  The  moral  development  of  the  child 
depends  almost  wholly  on  this. 


ABANDONED   VAGRANT   CHILDREN.  245 

'Tis  Education  forms  the  common  mind, 
Just  as  the  twig  is  bent  the  tree^s  inclined. 
The  abandoned  outcast  children  we   have  described, 
whose   mouths    are   full  of  blasphemy   and   bitterness, 
whose  hearts  are  steeped  in  iniquity,  and  whose  features 
are  written  all  over  with  cunning,  trickery  and  embryo 
villainy,  perhaps  have  never  listened  to  the  words  of 
persuasive  kindness,  or  beheld  a  virtuous  example.     In 
the  language  of  the  Psalmist,  "  They  were  shapen  in  in- 
iquity and  brought  forth  in  sin."     The  curse  of  poverty 
— an  awful  curse — is  upon  them.     Their  parents  may 
have  died  or  forsaken  them  in  infancy,  or,  what  is  worrie, 
may  linger  in  drunkenness  and  crime.     They  extend 
not  to  their  children  the  care  and  affection   common   to 
parents.     They  give  them  no  good  counsel.     They  put 
up  no  prayers  in  their  behalf.     They  never  send  them 
to  school  or  to  the  house  of  God ;  but,  instead,  'positively 
instruct  them  in  the  ways  of  depravity  and  the  arts  of  crime. 
There  are  thousands  of  children  of  this  description  in 
Cincinnati  at  this  moment,  from  five  to  fifteen  years  of 
age,  who  have  never  seen  the  inside  of  a  school-room,  or 
heard  a  lesson  in  virtue,  but  whose  entire  existence  has 
been  in  the  service  of  depravity,  in  which  they  were  ed- 
ucated by  their  parents  and  associates.     Oh,  how  unfa- 
vorable has  been   their  position,  and  the  circumstances 
by  which  they  are  surrounded,  for  the  culture  of  the 
good  soil  and  seed  of  the  soul.     Instead,  all  the  depraved 
passions  and  principles  of  their  being  have  been  devel- 
oped.    And  what  else  could  a  reasonable  man  expect  ? 
These  children  are  expert  liars,  thieves  and  pick-pock- 
ets, and  by-and-bywill  be  expert  burglars,  counterfeiters, 
robbers  and  murderers,  but  it  would  be  a  marvel  if  they, 
— or  one  in  a  dozen — became  a  good  Christian  or. citi- 
zen, or  honest  man,  or  virtuous  woman. 


246  ABANDONED   VAGRANT   CHILDREN. 

Let  one  plant  seed  in  the  bottom  of  a  cold,  dark  cel- 
lar, and  he  will  raise  no  fruit.  The  man  who  should 
attempt  it  would  be  pronounced  mad.  The  sunshine 
and  showers  and  the  hand  of  culture  are  necessary  to 
insure  the  desired  result.  So  with  the  moral  elements 
and  affectionate  desires  of  the  young  soul.  They  need 
the  warm  sunshine  of  a'careful  and  tender  love,  and  the 
soft  showers  of  goodness,  and  kindness  and  aflfectionate 
instruction.  These  will  coax  the  better  principles  and 
desires  forward  into  a  healthful  growth,  no  matter  how 
cruelly  the  young  soul  has  been  neglected. 

At  a  place  called  "Long  Island  Farms,"  not  far  from 
the  city  of  New- York,  there  are  1200  once  abandoned 
children,  who  were  picked  up  in  the  vilest  portions  of 
that  great  metropolis,  and  are  now  supported  and  edu- 
cated at  the  public  expense.  Not  one  of  them  is  totally 
depraved.  Their  very  natures  contradict  this  foolish 
and  pernicious  old  dogma.  A  change  is  at  once  observ- 
able in  their  looks  and  behavior  as  soon  as  they  are  fair- 
ly established  in  their  new  home,  and  feel,  and  see,  and 
hear  what  they  never  before  have  felt,  or  seen,  or  heard, 
viz :  the  warm  glow  of  human  kindness,  the  beautiful 
picture  of  God's  green  earth,  and  the  voice  of  real  com- 
passion. 

"It  is  interesting,"  says  one,  "to  see  how  suddenly 
their  better  natures  are  wrought  upon  by  the  touching, 
the  beautiful,  or  by  whatever  is  truly  Christian.  The 
glad  face  of  nature — the  shining  stars  by  night — the 
sweet  carol  of  the  birds — the  blooming  flowers — the  mel- 
ody of  music — the  language  of  Jesus — the  voice  of  love 
and  instruction — all  this  finds  a  ready  response  in  the 
young  heart  that  is  even  supposed  to  be  callous  with 
evil,- and  will  touch  and  subdue  the  soul  and  soften  the 
affections,  when  many  other  sterner  things  would  fail  to 


ABANDONED    VAGRANT   CHILDREN.  247 

accomplish  the  desired  effect.  All  of  which  shows  that 
the  souls  of  abandoned  vagrant  children,  as  well  as  hon- 
est men's  children,  were  formed  for  the  pure  and  beau- 
tiful; as  it  also  shows  what  is  needed  for  the  develop- 
ment, the  culture,  the  full  moral  and  spiritual  growth  of 
these  perishing  ones. 

What  is  the  State  doing  for  this  class?  What  should 
it  do  for  them  ? 

The  State  does  nothing  for  these  weak,  abandoned 
creatures.  It  does  much  against  them.  I  have  seen  a 
little,  abandoned,  ragged  child,  destitute  of  covering  for 
head  or  feet,  and  but  seven  years  of  age,  brought  into 
court  by  a  corpulent,  savage  officer,  tried,  condemned  and 
thrown  into  jail,  to  be  the  companion  of  felons.  What 
was  his  crime  ?  Stealing  silver  spoons  from  a  rich  man'g 
table,  in  obedience  to  the  instructions  of  his  mother. 
What  was  his  history?  Birth  in  a  garret,  amid  wretch- 
edness and  want — the  child  of  lust  and  crime — cradled 
in  depravity,  with  the  lullaby  of  drunken  revelry — and 
schooled  in  deception  and  knavery.  Already  was  he  old 
in  depravity.  What  else  could  you  expect?  And  the 
State,  instead  of  taking  him  at  an  earlier  age,  even,  and 
becoming  his  guardian,  sending  him  to  good  schools,  in- 
structing his  heart  and  intellect  in  everything  virtuous 
and  useful,  and  thus  helping  him  out  of  his  degradation, 
by  the  above  act  it  but  plunged  him  in  the  more  deeply. 
It  made  of  him  a  felon — placed  him  in  a  college  of  fel- 
ons, from  whence  he  graduated  but  to  spend  the  life  of 
a  degraded  criminal — perchance  to  die  in  the  peniten- 
tiary or  on  a  gibbet.  And  this  by  a  Christian  State  I 
Oh,  for  shame !  for  shame !  And  this  is  what  every 
State  in  our  Christian  Union  is  doing  in  the  middle  of 
the  Nineteenth  Century,  and  in  this  age  of  Literature, 
Education,  Morals,  Common  Sense,  Christianity,  and  a 


248  ABANDONED   VAGRANT   CHILDREN* 

"world-wide  humanity,"  for  this  class  of  perishing  little 
ones.  Massachusetts,  New- York,  Ohio,  as  States,  all  are 
employed  in  this  same  wise  and  blessed  work.  Last  year 
New- York  laid  its  strong  arm  on  several  little  children, 
but  five  and  six  years  of  age.  In  the  beginning  of  1855 
we  visited  the  Ohio  State  Penitentiary,  and  were 
informed  by  the  Warden  that  the  prison  contained  598 
inmates.  Sixty-five  of  the  males  were  under  20  years  of 
age.  We  had  thought  that  the  penitentiary  was  designed 
for  old  offenders ;  those  of  whose  reform  there  was  little 
or  no  hope,  and  against  whose  depredations  it  becomes 
necessary  for  society  to  secure  itself  by  bars  and  bolts. 
But  here  we  found  this  large  number,  too  young  to  be 
desperate,  and  too  young,  also,  to  be  given  over  to  the 
buffe tings  of  Satan.  What  hope  can  they  have  after  years 
spent  in  the  State  Prison?  What  degradation!  Who 
will  trust  or  respect  them  ?  And  how  readily  and  uncon- 
cernedly the  State  thus  casts  away,  and  forever,  th^ 
whole  earthly  existence  of  these  unfortunate  youth,  with- 
out one  effort  for  their  salvation  or  improvement.  But 
what  we  desire  specially  to  record  is,  that  we  found,  in 
the  penitentiary,  one  lad  under  thirteen  years  of  age,  sev- 
eral under  fifteen,  and  the  day  previous  to  our  visit,  a 
little  girl  was  brought  there  fron^  Dayton,  a  prisoner,  but  thir- 
teen years  old.  We  could  not  ascertain  the  name  of  the 
heathen  judge  who  sentenced  this  child  thus  to  a  life  of 
infamy.  But  this  we  know,  that  the  State  of  Ohio,  with 
its  4,000  Christian  ministers  and  50,000  Church  mem- 
bers, sustains  upon  its  statute  book  the  law  by  which  the 
abominable  deed  was  perpetrated. 

A  Vermont  paper  *  is  placed  on  our  table  as  we  write, 
which  contains  the  following : 

"  There  have  been  confined  in  our  jail,  during-  the  last 

♦Rutland  Herald. 


ABANDONED   VAGRANT   CHILDREN.  249 

four  or  five  months,  two  boys  aged  about  thirteen  years. 
Last  week  there  was  put  into  jail,  a  boy  seven  years  of 
age^  charged  with  the  crime  of  stealing  butternuts !  In 
that  jail  are  more  than  twenty  persons  confined  for  crime 
of  all  grades.  There  are  confined  there,  also,  three  mis- 
erable prostitutes  I 

"Into  such  company,  in  all  the  counties  of  this  State,  do 
the  laws  of  Vermont  throw  children  who  may,  in  their 
ignorance,  have  broken  the  letter  of  the  law.  Among 
criminals  and  hardened  wretches,  with  nothing  around 
them  but  barred  doors,  great  hideous  locks,  grated  win- 
dows, and  everything  which  can  remind  them  that  they 
are  rascals  and  villains !  No  moral  instruction,  no  good 
influences  are  provided  for  them.  No  voice  of  kindness 
reaches  their  ears.  Idleness,  bars,  bolts  and  the  rough 
voices  of  desperate  and  cursing  men  are  around  them. 
The  State  does  not  expend  one  dollar  to  reform  the  chil- 
dren who  are  sent  to  the  jail.  They  go  in  suspected  rogues, 
and  go  out  with  the  feeling  and  determination  of  rascals. 
Each  old  companion  greets  each  juvenile  offender  who 
comes  from  the  jail,  with — 'you've  been  to  jail !'  His 
eyes  are  pained  with  the  full  light.  His  limbs  enervated 
with  idleness.  His  body  is  full  of  pains  from  breathing 
foul  air.  His  heart  is  faint  with  the  taunts  and  gibes 
that  greet  him." 

And  this  is  what  Vermont  is  doing  for  depraved  chil- 
dren. We  turn  from  an  exhibition  of  these  facts  to  in- 
quire what  should  be  done  for  them  ? 

Some  cities,  and  towns,  and  counties,  and  many  indi- 
viduals, are  doing  something  in  the  right  direction  for 
these  perishing  ones.  Hamilton  county,  Ohio,  has  its 
House  of  Refuge  or  Reform  School,  for  vagrant  children. 
'It  is  an  excellent  Christian  institution,  and  a  monument 
of  wisdom  and  benevolence.     It  takes  the  child  guilty  of 


250  ABANDONED   VAGRANT   CHILDREN. 

crime,  and  while  it  punishes  him  with  confinement — not 
limited,  however,  by  the  stone  walls,  bars  and  bolts  of 
the  building,  but  by  the  grounds  of  the  establishment — 
it  places  him  under  the  best  and  most  judicious  teachers 
and  keepers — furnishes  him  with  a  good  home — with 
good  food  and  clothing,  supports  an  excellent  school,  at 
which  he  is  put  six  hours  in  the  day,  and  to  Sabbath 
School  on  Sunday,  besides  its  chapel  for  preaching; — it 
teaches  him  a  good  trade — instructs  him  in  the  impor- 
tance of  virtue  and  integrity — in  short,  the  whole  ma- 
chinery of  the  institution  is  designed  to  aid,  instruct  and 
bless  those  who  become  its  inmates,  so  that  they  may 
return  to  society  improved  and  with  hopefulness  for  the 
future.  But  what  is  that  one  institution  for  our  county 
and  State?  It  can  accommodate  only  about  three  hun- 
dred pupils  at  a  time,  while  Cincinnati  alone  will  fur- 
nish more  than  three  thousand. 

A  few  such  institutions  only,  can  be  found  in  our 
Union ;  but  in  them  we  perceive  the  indications  of  the 
remedy  for  the  condition  of  these  classes.  Benevolent 
Societies  are  springing  up  here  and  there,  with  the  same 
object  in  view.  There  is  the  "Ladies'  Mission  at  the 
Five  Points,"  New-York,  which  has  snatched  large  num- 
bers of  children  from  vice  and  ruin,  and  found  them 
good  homes  in  the  West;  and  the  "  Children's  Aid 
Society,"  in  the  same  city,  which  has  accomplished  much 
in  the  same  direction.  "Its  object  is  sufficiently  indi- 
cated by  its  name.  It  seeks  first  to  remove  the  poor 
child  from  the  coil  of  evil  influences  which  have  been 
thrown  around  him,  and  which  have  been  daily  strength- 
ened by  the  sharpest  pressure  of  animal  necessities.  It 
comprehends  the  two-fold  benefit  of  education  and  labor 
in  its  system  of  "Industrial  Schools."  Of  these* 
at  the  present  time,  in  New- York,  there  are  eight,  in 


ABANDONED   VAGRANT   CHILDREN.  251 

wMcli  a  multitude  of  children  are  educated,  taught  to 
work,  supplied  with  a  warm  dinner  daily,  and  with  such 
clothing  as  they  can  learn  to  make.  In  connection 
with  these,  there  is  one  shoe- shop,  in  which  thirty  or 
forty  boys  earn  a  livelihood.  Another  object  of  this 
society  is  to  find  employment  for  its  beneficiaries  out  of 
the  city,  and  during  the  past  year  places  in  the  country 
have  been  found  for  one  hundred  and  twenty-five,  where 
their  employers  treat  them  as  their  own  children. 

These  societies,  we  repeat,  are  based  upon  the  proper 
principle,  and  are  laboring  in  the  true  direction.  "They 
aim  to  break  up  the  old  associations  of  the  degraded 
child,  to  throw  around  him  the  atmosphere  of  a  true 
home,  and  to  blend  intellectual,  moral  and  religious 
training  with  that  true  charity  which  teaches  one  how  to 
assert  his  true  manliness,  and  support  himself  by  the 
honest  labors  of  his  own  hands."  ^ 

But  a  work  like  this — so  important  to  the  degraded 
classes  themselves,  and  the  purity  of  society  generally, 
possessing  moral  and  practical  advantages  so  immense, 
should  not  be  left  to  the  caprice  and  uncertainty  of  vol- 
untary benevolent  societies  alone. f  The  State  is  inter- 
ested in  the  matter,  and  should  move,  and  move  eflfectu- 
ally  in  it.  There  are  6000  children  in  Cincinnati  who 
attend  no  school.  This  should  not  be  permitted,  unless 
they  are  engaged  in  some  honorable  employment.  No 
vagrant  or  truant  children  should   be  allowed   in  our 

*  Humanity  in  the  City,  by  Rev.  E.  H.  Chapin. 

t  "  The  population  of  the  Philadelphia  House  of  Refuge  at  the  begin- 
ning of  the  year,"  says  the  Annual  Report  of  that  institution,  "  was  364, 
and  at  its  close  392. .  The  largest  number  under  care  at  one  time  during 
the  year  was  457.  Average  daily  number  385 — about  one-third  being  in 
the  colored  department.  It  is  well  for  us  that  three  or  four  hundred  of 
our  neglected  vicious  children  are  under  reforming  influences  :  but  what 
hope  is  there  for  the  forty-nine  fiftieths  that  the  report  presents  to 
us  as  the  lowest  estimate  of  the  number  who  are  'growing  up  in  idleness^ 
vagrancy  and  crime  ?'  " 


252  ABANDONED   VAGRANT   CHILDREN. 

Streets  or  drinking  cellars  and  saloons,  around  the  levee 
or  other  public  places,  or  even  at  home,  without  a  proper 
excuse.  Every  family  should  be  visited  in  each  ward, 
by  officers  appointed  and  paid  by  the  State — their  con- 
dition noted,  and  the  children  obliged  either  to  attend 
school  or  employ  their  time  in  some  useful  avocation. 
If  the  parents  are  poor,  unable  to  spare  their  children 
from  home,  or  to  properly  clothe  them  or  furnish  them 
with  books,  then  let  the  State  assist  them — cautiously — 
judiciously — kindly,  but  determinedly,  protecting  their 
interests,  and  doing  for  them  what  they  are  not  capable 
of  doing  for  themselves. 

Thus  should  the  State  become  the  guardian  of  all 
those  ignorant,  sinful  and  weak  ones  who  have  not  suffi- 
cient ability  or  discretion,  or  the  disposition,  to  manage 
their  own  affairs.  In  all  great  cities  large  numbers  of 
men  and  women  exist  by  receiving  stolen  property. 
Many  of  them  keep  second-hand  stores,  and  encourage 
boys  and  girls  of  this  description  in  stealing  tools  from 
workshops,  produce  from  market  wagons,  goods  from 
stores,  clothing,  spoons,  knives  and  forks,  and  whatever 
they  can  lay  their  hands  on,  from  dwellings  and  door- 
yards.  Here  is  the  school  in  which  they  receive  their 
first  lessons  in  crime.  How  important  that  all  such 
schools  should  be  utterly  demolished,  and  children  thus 
engaged  should  be  made  to  spend  their  time  in  institu- 
tions of  knowledge  and  under  the  tuition  of  teachers 
who  would  not  only  educate  their  minds  in  the  important 
rudiments  of  learning,  but  their  hearts  in  the  principles 
of  virtue  and  integrity.  And  all  this  can  be  accomplished 
only  through  the  efforts  and  determinate  action  of  the 
State,  systematized  and  enforced  by  a  judicious  law  cov- 
ering the  whole  ground  of  need, 

*'  But,"  says  the  objector,  ".this  would  cost  something." 


ABANDONED   VAGRANT   CHILDREN.  253 

So  do  our  houses  of  correction,  police  courts,  and  jails, 
our  criminal  courts  and  penitentiaries,  cost  something, 
^nd  is  it  not  more  humane  and  wise  to  prevent  crime 
than  to  punish  it  ?  Most  men  of  intelligence  have  come 
to  know  that  crime  finds  its  chief  ally  in  ignorance,  and 
that  moral  and  mental  abasement  generally  accompany 
each  other.  Formerly  men  were  not  of  this  opinion. 
A  royal  governor  in  Virginia  once  thanked  God  there 
were  no  public  schools  in  that  province.  Facts  show  the 
connection  between  crime  and  ignorance.  One  half  of 
the  criminals  in  this  country  for  the  last  forty  years, 
could  neither  read  nor  write.  In  the  several  cities  of 
the  State  of  New  York,  from  1840  to  1848,  there  were 
29,949  persons  convicted  of  crime,  as  returned  by  the 
sheriffs  of  the  several  counties.  Of  the  persons  so  con- 
victed, 1182  are  returned  as  having  received  a  "  common 
education;"  444  as  "  tolerably  well  educated,"  and  128 
only,  or  one  in  about  two  hundred,  as  "well  educated." 
Of  the  remaining  26,225,  about  half  co\x\di  barely  read  or 
write ;  the  residue  were  wholly  destitute  of  literary  instruc- 
tion. Of  1122  persons  convicted  in  the  same  State  in 
1847,  1084  were  utterly  destitute  of  education.  Of  134 
persons  convicted  in  1848,  twenty-three  only  had  a 
"common  education;"  thirteen  a  "tolerably  good  educa- 
tion," and  ten  only  were  returned  as  "well  educated," 
while  eighty-eight  could  neither  read  nor  write. 

We  have  mentioned  a  single  State.  An  examination 
into  the  statistics  of  other  States  shows  nearly  the  same 
result.  In  the  South,  so  far  as  we  have  the  means  of  in- 
vestigation, the  comparative  number  of  criminals  utterly 
destitute  of  education,  is  still  greater.  And  yet,  notwith- 
standing these  facts,  with  the  existence  of  which  every 
intelligent  citizen  should  be  familiar,  every  community 
contains  men  who  look  with  distrust  upon  the  increasing 


254  ABANDONED   VAGRANT   CHILDREN. 

liberality  of  our  public  expenditures  in  the  cause  of  gen- 
eral education ;  as  if  money  expended  by  the  State  to 
educate  the  masses  were  a  public  loss.  But  if  the  masses 
grow  up  in  ignorance  we  shall  have  a  nation  of  criminals. 
Nineteen  out  of  every  twenty  of  the  vagrant  children, 
and  men  and  women  of  our  large  cities,  can  neither  read 
nor  write.  Nearly  all  the  inmates  of  our  state  prisons 
are  utterly  destitute  of  education,  while  out  of  the  165 
persons  who  were  hanged  in  the  United  States,  during 
1854,  hut  seven  could  read  or  write.  The  United  States 
statistics  for  1850  show,  that  the  State  of  Maine  has  a 
larger  number  of  children  at  school  in  proportion  to  the 
population  than  any  country  on  the  globe,  and  this  State 
is  freer  from  crime  than  any  country  on  the  globe.  And 
besides  all  this,  it  is  positively  less  expensive  to  educate 
paupers  and  vagrant  children  than  to  take  care  of  them 
as  criminals.  The  report  of  the  Attorney-General  of 
Ohio,  for  1854,  shows  that  the  cost  of  trial  and  conviction 
of  the  criminals  of  this  State,  during  that  year,  was  a 
trifle  over  $73  each.  "  While  the  school  tax  levied  un- 
der our  present  system,  amounts  to  but  $1,50  for  each 
youth  between  five  and  twenty-one;  and  as  three-fourths 
of  these  youth,  or  600,000  attend  school  during  some 
part  of  the  year,  the  sum  expended  for  the  tuition  of 
each  is  only  $2,00.  So  that  the  cost  of  convicting  these 
criminals  would  have  instructed  them  in  common  schools 
for  forty  years;  or  it  would  have  paid  for  their  tuition 
and  that  of  the  next  three  generations  of  their  succes- 
sors (making  800  in  all),  for  a  period  of  nearly  ten  years 
each."* 

How  great  an  advantage,  then,  to  community  and  the 
State,  would  be  a  law  which  should  so  thoroughly  sys- 

*  The  above  is  from  an  excellent  article  on  this  subject  in  the  Ohio 
Journal  of  Education . 


ABANDONED    VAGRANT   CHILDREN.  255 

tematize  a  course  of  proceedure  by  officially  appointed 
agents  for  each  ward  in  our  cities,  and  each  town  and 
plantation,  as  would  secure  the  universal  attendance  of 
children  at  school,  at  least  during  a  portion  of  the  year.* 
It  would  not  only  keep  them  from  much  mischief  and 
crime  when  young,  but  be  the  means  of  saving  them 
from  a  life  of  ignorance  and  wretchedness,  and  make  of 
them  respectable  and  useful  members  of  society.  At  the 
same  time  it  would  save  expense  to  the  State,  lessen  its 
number  of  criminals  and  paupers,  increase  the  public 
security,  and  add  to  the  purity  and  happiness  of  all.  It 
is  righteousness  that  exalteth  a  nation. 

"  111  fares  the  land  to  hastening  ills  a  prey 
Where  wealth  increases,  but  where  men  decay." 

Let  not  the  State,  then,  think  so  much  of  saving  money 
as  of  saving  men,  by  looking  after  the  mental  and  moral 
wants  of  her  thousands  of  children  and  youth  who  were 
so  unfortunately  born  as  not  to  have  the  ability  or  dispo- 
sition to  look  out  for  themselves.  They  are  the  weak 
and  perishing  ones.  "  It  is  not  the  will  of  your  Father  in 
Heaven  that  one  of  these  little  ones  should  perish.^^  They 
need  not  perish,  if  the  State  would  look  after  their  in- 
terest with  half  the  zeal  she  exercises  to  get  or  retain 
political  power.  Political  parties  hold  great  conventions, 
make  great  speeches  and  sometimes  get  very  drunk  on 
the  people's  money,  and  all  to  secure  to  political  dema- 
gogues the  spoils  of  office.  Would  it  not  be  very  hopeful 
if,  for  once,  they  should  meet  to  devise  ways  and  means 
for  aiding  the  weak  ones  of  the  "body  politic"  in  their 
efforts  to  live  honest  lives,  and  thus  esca-pe  the  Peniten- 

*  Of  coarse  we  are  speaking  with  reference  to  tlie  Free  States,  wh«re 
free  whools  are  universally  sustained  at  the  public  expense. 


256  ABANDONED    VAGRANT    CHILDREN. 

tiary  and  the  gibbet;  or  in  som^similar  way  show  their 
regard  for  the  interest  of  society.  A  State  Farm  School 
for  the  class  of  whom  we  speak — ample,  and  conducted 
on  truly  philosophical  and  Christian  principles — would 
be  of  more  real  value  to  a  State,  than  many  drunken, 
boisterous  conventions.  Ohio  takes  criminal  parents 
and  locks  them  in  jail,  while  the  children  wander  about 
the  streets,  sleep  under  carts,  in  door  yards  and  hay- 
lofts, and  furnish  themselves  the  means  of  sustenance 
by  theft.  Would  it  not  be  well  for  her,  at  least  to  insti- 
tute a  law  by  which  these  little  ones  shall  be  taken  care 
of,  and  not  left  to  perish  utterly,  under  such  circum- 
stances ?  Would  not  the  act  be  Christian^  though  not 
popular  with  demagogues  ?  "I  speak  as  unto  wise  men, 
judge  ye  what  I  say." 


CHAPTER    lY. 

THE  CRIMINAL-HIS  TREATMENT. 

The  Small  Offender— Treatment  not  Reformatory— The  Rookery— The  House  of  Cor- 
rection-The  Jail  -Unfortunate  Females— Their  Treatment— Should  be  Aided  and  En- 
couraged—The State  never  aids  them-How  it  works  in  New-York,  Philadelphia, 
Cincinnati— Bxrerience  of  Isaac  Hopper,  the  Philanthropist— Interesting  Incident— 
Prisoni  for  Small  Offenders  should  resemble  a  House  of  Reform— The  Duty  of  the 
State- Individual  Effort  not  SuflBicient. 

We  leave  crime  in  embryo,  and  pass  to  the  considera- 
tion of  the  demands  of  humanity  and  Christianity,  with 
reference  to  the  real  offender. 

We  will  first  notice  the  duty  of  the  State  toward  those 
guilty  of  small  offenses.  These  constitute  a  large  major- 
ity of  those  who  violate  the  law.  Out  of  the  36,000 
arrested  in  Philadelphia  in  the  year  1855,  but  few  were 
sentenced  to  the  Penitentiary.  So  of  other  cities  and 
towns.  Thousands  are  annually  brought  before  the 
police  court  of  Cincinnati,  while  the  number  we  furnish 
for  the  Columbus  State  prison  is,  comparatively,  exceed- 
ingly limited.  The  youthful  offender,  guilty  of  larceny, 
the  old  vagrant,  the  drunken  debauchee — the  wretched 
prostitute — these  go  to  swell  the  list  upon  the  police 
record  of  every  city,  and  constitute  more  than  six-sevenths 
of  all  their  arrests. 

And  what  is  the  State  doing /or  these  classes?  Liter- 
ally nothing.  Nothing  to  benefit  or  bless  them,  but  all 
to  injure  and  curse  them.     Let  us  look  at  the  facts. 

A  man  is  a  common  vagrant.  He  is  brought  before 
the  judge  of  the  police  court,  and  sentenced  to  what  is 
22  (257) 


258  THE    CRIMINAL — HIS    TREATMENT. 

designed  to  be  the  House  of  Correction,  for  five,  ten, 
twenty  or  fifty  days,  on  "  bread  and  water."  Female 
vagrants  are  brought  in,  in  the  same  manner,  and  done 
for  in  the  same  way.  Prostitutes,  both  old  and  young, 
who  are  a  thousand  times  less  guilty  of  any  criminal 
ofi'ense,  than  the  wretches  who  were  instrumental  in 
their  ruin,  are  either  sent  to  the  house  of  correction  or 
the  common  jail.  Every  morning  exhibits  a  number  of 
these  classes  in  the  police  court  of  every  great  city. 
Monday  morning,  usually,  presents  the  largest  list. 
Fifty  or  eighty  are  sometimes  brought  before  the  mayor 
of  Cincinnati  in  a  single  day.  The  common  jail,  or  the 
rookery,  or  the  house  of  correction  receives  them.  But 
does  the  jail,  or  the  rookery,  or  the  house  of  correction, 
with  its  "bread  and  water"  fare,  correct  them?  Do  they 
leave  their  place  of  punishment  in  the  least  improved 
morally,  physically  or  intellectually?  Are  they  put  to 
some  healthful  and  proper  employment?  Are  they  met 
with  the  voice  of  kindness  and  affectionate  persuasion, 
in  their  prison?  Are  Christian  men  and  women 
appointed  by  the  State  to  oversee  them,  and  employ 
every  means  which  a  benevolent  wisdom  has  sought  out 
to  win  them  to  the  paths  of  virtue  ?  Never.  Instead, 
they  are  visited  with  harsh  words,  and  ofttimes  with 
positive  cruelty  and  hatred.  The  State  punishes  as  if 
its  sole  motive  were  vengeance.  And  it  too  often 
appoints  men  as  overseers  of  these  places  of  confinement 
who  are  utterly  ignorant  of  any  higher  object  in  the  dis- 
charge of  their  duties.  Utterly  regardless  of  the  position 
of  their  victims  as  human  beings,  and  entirely  destitute 
of  sympathy  for  them,  they  either  treat  them  with  heart- 
less indifference,  or  heap  upon  them  curses,  and  torture 
them  with  blows.  So  that  when  they  return  to  the 
world,  it  is  not  with  chastened  affections  and  a  resolve  on 


THE    CRI3IINAL HIS    TREATMENT.  259 

amendment,  but  rather  with  a  more  bitter  and  vindictive 
spirit  and  a  stronger  determination  to  follow  in  the  paths 
of  crime  and  pollution.  So  that  a  few  days  only  inter- 
vene, ere  they  are  again  brought  before  the  mayor  for 
another  trial,  and  sentenced  to  ten,  or  twenty,  or  fifty,  or 
a  hundred  days  at  the  house  of  correction;  and  each 
time  they  are  forewarned  by  the  court,  that  if  again 
found  in  violation  of  the  law,  it  will  be  under  the  neces- 
sity of  enforcing  a  more  stringent  punishment.  The 
number  of  days  are,  therefore,  increased,  and  the  treat- 
ment rendered  more  and  more  severe.  But  they  are 
never  improved  by  such  treatment.  Over  and  over 
again  are  they  subjected  to  the  same  ordeal;  so  that  it  is 
no  unfrequent  thing  for  old  offenders  to  have  been  thus 
sentenced  thirty,  fifty,  or  even  a  hundred  times.  A  man 
in  Troy,  New- York,  was  imprisoned  one  hundred  and 
sixty-eight  times  for  drunkenness,  and  a  woman  in  Phil- 
adelphia over  two  hundred  times.  Is  it  said,  that  they 
are  so  depraved  by  nature  that  no  power  on  earth  can 
improve  them?  This  is  simply  an  error.  The  very  man 
whom  we  just  mentioned  as  having  been  imprisoned  one 
hundred  and  sixty-eight  times  for  drunkenness,  and 
whom  every  body  said  no  power  on  earth  could  improve, 
was  effectually  reclaimed  by  the  kindness,  assistance  and 
affectionate  persuasion  of  the  Washingtonians  twelve 
years  ago,  and  to  this  day  is  an  industrious  and  sober 
man,  and  good  citizen,  husband  and  father. 

By  the  employment  of  the  same  means,  (which  are 
simply  those  that  Grod  has  ordained  through  Christ,  or 
in  other  words  Christian,)  the  State  could  have  reclaimed 
him  fifteen  years  earlier,  and  thus  saved  him  and  his, 
from  a  life  of  infamy,  and  itself  a  heavy  expense. 

But  perhaps  the  worst  feature  in  our  present  system 
is  the  injury  done  to  the  young  and  comparatively  inno- 


260  THE   CRIMINAL — HIS   TREATMENT. 

cent,  by  placing  them  in  the  company  of  the  most  de- 
praved and  polluted.  All  are  made  to  herd  in  common 
together.  In  all  popul'ous  cities  there  are  large  numbers 
of  both  sexes  out  of  employment.  By  a  careful  inquiry, 
it  has  been  ascertained  that  there  are  on  an  average  1500 
females,  of  this  description,  in  New- York,  1300  in  Phil- 
adelphia, and  500  in  Cincinnati.  Many  of  them  are 
orphans,  and  are  homeless  and  friendless,  and  in  conse- 
quence of  the  emergency  that  want  brings,  they  are  fre- 
quently subjected  to  fraud,  imposition,  deception,  and,  at 
length,  to  ignominy,  pollution  and  death.  We  have 
been  informed  by  an  old  physician  of  Cincinnati,  that 
he  has  known  scores  of  beautiful  young  orphan  females 
to  be  led  down,  step  by  step,  to  ruin,  purely  from  the 
simple  fact  of  their  position  as  orphans,  destitute  and 
friendless,  with  no  kind  father  or  mother  to  counsel  and 
protect.  The  base  deceiver,  taking  advantage  of  the 
destitution  and  isolated  position  of  his  victim,  by  hon- 
eyed flattery,  the  most  earnest  protestations  of  love,  and 
the  offer  of  rich  presents,  and  a  pretty  little  home  all 
their  own,  in  some  retired  place  in  the  city,  allures  her 
to  destruction.  She  yields  to  his  embrace,  and  awakens, 
at  length,  only  to  find  herself  deserted,  and  in  her  own 
eyes  and  the  eyes  of  the  world — especially  the  Gkristian 
world — utterly  and  hopelessly  ruined;  and  the  conse- 
quence is,  in  many  cases,  alas,  how  many !  she  plunges 
deeper  and  deeper  down  into  the  vortex  of  infamy. 

Now,  for  all  such,  careful  Christian  provision  should 
be  made,  by  the  State,  to  save  them.  But  there  is  no 
such  provision.  They  are  thrown  into  the  alms  house, 
the  house  of  correction,  or  the  jail,  in  company  with  old, 
drunken,  profane  hags,  and,  no  matter  how  young,  made 
to  listen  to  the  most  disgusting  and  awful  blasphemy 
and  obscenity.     By  the  Report  of  the  Prison  Society  in 


THE    CRIMINAL — HIS    TREATMENT.  261 

New- York,  we  learn  that  there  is  constantly  an  average 
of  one  hundred  females,  old  and  young,  in  the  prison  in 
that  city  called  the  Tombs,  all  of  whom  are  without 
any  employment  whatever  while  there,  and  are  left  to 
spend  their  time  in  such  conversation  and  acts  as  their 
depraved  lives  might  suggest.  "  Here,  we  found  in  the 
upper  rooms,"  says  the  committee,  "a  number  of  young 
girls,  from  ten  to  twenty  years  of  age,  associating  to- 
gether. It  was  a  sad  sight  to  see  the  little  vagrant  of 
ten  or  twelve  years,  committed  for  her  destitution,  and 
the  want  of  a  proper  home  and  care-takers,  cast  into 
companionship  with  those  whose  conduct  and  habits  had 
taken  from  them  a  name  in  respectable  society,  and 
whose  corrupting  influence  must  be  powerful  over  those 
neglected  and  unfortunate  children.  In  the  yard  of  the 
prison  were  about  thirty  women,  seated  on  benches, 
many  (perhaps  the  greater  number)  showing  by  their 
wretched,  bloated  faces,  a  positive  proof  of  the  cause  of 
their  incarceration.  Others  were  in  the  cells,  or  walking 
in  the  entries,  but  with  every  opportunity  to  circulate 
the  poison  that  festered  in  their  own  minds,  and  created 
a  malaria  wherever  they  moved  or  breathed." 

This  committee  also  visited  the  prison  for  the  same 
classes  on  Blackwell's  Island,  in  the  vicinity  of  New- 
York,  and  speak  as  follows  of  what  they  saw  and  heard: 
"  To  this  prison  women  are  sent,  who  are  sentenced  to 
periods  of  confinement,  of  from  one  to  six  months.  A 
large  majority  of  these  cases  are  from  disorderly  houses  : 
.women,  (many  of  them  young,)  to  whom  the  glass,  pro- 
fane oath,  and  licentious  practices,  are  the  habits  of  daily 
life.  To  some  of  these,  the  constant  changes  are  from 
the  abode  of  drunkenness  and  debauchery  to  the  alms- 
house and  the  prison.  Cases  have  been  known,  where 
women  have  been  thus  imprisoned  forty  times,  and  in 


^^ 


262  THK    PRISONER — H18   TREATMENT. 

their  midst  were  several  young  girls,  lohose  countenances, 
manners  and  histories,  told  that  the  blight  of  the  destroyer 
had  but  lately  passed  over  them.  From  the  Matron  we 
learned,  that  there  were  two  hundred  and  sixty  women 
there;  one  hundred  in  the  hospital;  and  one  hundred 
and  sixty  in  a  frame  shantee,  shut  up  together  during 
the  day,  often  without  employment,  and  corrupting,  by 
this  dreadful  association,  the  good  that  still  might  remain 
in  some."  Could  any  place  or  position  be  devised  that 
would  more  certainly  quench  the  remaining  sparks  of 
goodness  in  the  young,  prostrate  all  hope  of  reform,  and 
lead  to  certain  ruin,  than  this  ?  And  here  we  discover 
the  wisdom  and  the  Christianity  of  the  State. 

"  It  was  a  sadly  distressing  scene  to  witness,  and  to 
know,"  says  the  committee,  "that  so  little  effort  was 
made  to  cultivate  industrious  habits,  or  reform  the  mor- 
als of  that  degraded  company;  to  the  most  of  whom, 
perhaps  to  all.  Providence  had  given  the  capacity  to  be 
useful,  respectable,  religious  women.  From  occasional 
visits  to  these  prisons,  benevolent,  earnest  minds  have 
seen  the  necessity,  not  only  of  efforts  to  remedy  these 
evils,  but  that  a  preventive  power  could,  and  would  effect 
great  benefits  to  the  unfortunate  daughters  of  poverty, 
ignorance,  and  crime." 

This  is  true;  and  what  we  contend  for,  is  that  there 
should  be  a  reform  in  this  entire  department  of  police 
operations.  The  unfortunate  beings  above  described 
should  never  be  ranked  with  common  criminals,  and  shut 
out  from  the  world  by  the  stone  walls,  bars  and  bolts  of 
the  gloomy  prison.  They  never  can  be  improved  or 
saved  by  any  such  means.  On  the  contrary,  it  proves, 
in  many  instances,  the  direct  and  positive  agency  of 
ruin,  by  sundering  the  last  link  which  binds  them  to 
society  and  gives  them  a  feeling  of  right  to  make  an 
effort  for  virtue. 


^ 


THE   CRIMINAL — HIS   TREATMENT.  263 

■   ^" 

What  they  need  is  encouragement,  counsel,  protection 
and  some  place  they  can  call  home,  where  such  protec- 
tion and  encouragement  can  be  felt  and  realized  by  them, 
and  where  they  can  feel  some  security  against  want. 
Whenever  and  wherever  such  means  have  been  employed 
in  their  behalf,  the  result  has  been  most  salutary.  A 
Quaker  gentleman  of  great  humanity,  who  was  long  con- 
nected with  the  criminal  courts  of  Philadelphia  and 
New-York,*  relates  that  many  years  ago,  when  he  was 
inspector  of  the  prison  in  the  former  city,  a  middle-aged 
woman  by  the  name  of  Norris  was  frequently  recommit- 
ted. On  one  occasion,  she  begged  of  him  to  intercede 
for  her  that  she  might  get  out. 

*'  I  am  afraid  thou  wouldst  soon  come  back  again," 
said  he. 

"  Very  likely.  I  expect  to  be  brought  soon,"  she 
replied. 

"  Then  where  will  be  the  use  of  letting  thee  out?" 

"  I  should  like  to  go  out,"  said  she.  "  It  would  seem 
so  good  to  feel  free,  if  for  only  a  little  while,  to  look  up 
to  the  bright  heavens,  and  enjoy  the  open  free  air." 

"  But  if  thou  enjoys  liberty  so  much,  why  dost  thou 
allow  thyself  to  be  brought  back  again?" 

"  How  can  I  help  it  ?  When  I  go  out  from  prison  no 
one  will  employ  me.  I  feel  that  everybody  shuns  me.  No 
respectable  people  will  permit  me  to  go  into  their  houses. 
I  must  go  to  such  friends  as  I  have.  If  they  steal  or  do 
wrong,  I  am  taken  with  them ;  whether  guilty  or  not,  is 
of  no  consequence.  Nobody  will  believe  me  innocent. 
They  will  all  say,  '  She  is  an  old  offender;  send  her  back 
to  prison;  that  is  the  best  place  for  her.'  " 

It  touched  his  feelings  to  hear  her  speak  thus;  and  he 

*  Isaac  T.  Hopper,  who  died  in  New-York  city  two  years  ago,  much 
lamented  by  every  friend  of  Humanity  in  the  north. 


264  THE   CRIMINAL — HIS   TREATMENT. 

said:  "But  if  I  should  obtain  steady  employment  for 
thee  and  a  good  home^  where  thou  wouldst  be  treated 
kindly,  and  be  paid  for  thy  services,  wouldst  thou  really 
try  to  behave  well  ?" 

Her  countenance  brightened,  as  she  eagerly  exclaimed, 
"  Oh,  yes  indeed,  indeed  I  would !  But  is  there  any  place 
on  earth  that  will  receive  me,  and  be  to  me  a  home,  and 
can  you  help  me  to  it?     If  so,  God  bless  you!" 

"  I  think  there  is,  and  I  will  try  what  I  can  do.  But 
thee  must  not  expect  too  much,  as  thee  may  be  disap- 
pointed," 

"I  used  my  influence,"  said  he,  "to  procure  her  dis- 
missal, and  succeeded  in  obtaining  a  good  place  for  her 
as  head  nurse  in  the  hospital  for  the  poor,  and  the  con- 
sequence was  that  she  remained  there  more  than  seventeen 
years^  discharging  the  duties  of  her  situation  so  faithfully 
that  she  gained  the  entire  respect  and,  confidence  of  all  who 
knew  her.^^ 

"I  have  aided  and  encouraged,"  said  he,  "more  than 
fifty  younger  females,  who  had  become  fallen  and  de- 
graded, by  means  similar  to  those  I  have  mentioned,  and 
it  is  a  great  satisfaction  to  me  to  be  able  to  state  to  the 
world,  that  only  two  disappointed  my  expectations." 

Aid  and  encouragement,  we  repeat,  are  what  they  need 
to  benefit  and  bless  them.  And  this  is  what  the  true 
Christian  will  strive  to  aff'ord.  Behold  Christ.  When 
the  woman  who  had  been  taken  in  the  very  act  of  violat- 
ing the  Jewish  law — a  law  which  demanded  her  life  for 
the  off'ense — was  brought  into  the  presence  of  Jesus,  and 
her  sin  proven  upon  her,  and  all  men  condemned  her, 
what  was  the  language  and  the  dealings  of  that  pure  and 
exalted  being  toward  her  ?  Did  he,  by  cruel  words,  and 
more  cruel  acts,  crush  out  of  her  heart  whatever  feelings 
of  self-respect  or  principle  of  virtue  might  have  lingered 


THE    CRIMINAL — HIS   TREATMENT.  265 

there?  Not  at  all.  He  aided  and  encouraged  her. 
'^  Neither  do  I  condemn  thee ;  go  thy  way  and  sin  no 
more." 

Now  the  State,  as  we  have  shown,,  aots  upon  no  such 
principle  in  its  dealings  with  these  classes.  Though  it 
professes  to  be  Christian,  the  element  of  Christianity, 
love,  kindness,  is  utterly  wanting  in  its  entire  system 
of  operations.  In  New-York  there  is  a  "  Home  for 
Friendless  Females;"  and  in  Boston  a  "  Penitent  Fe- 
males' Refuge;"  but  they  were  not  established  by  the 
State,  or  county,  or  city,  but  by  a  few  Christian  men  and 
women  organized  into  Benevolent  Associations.  They 
obtained  the  means  of  erecting  their  buildings  by  beg- 
ging of  individuals  the  stingy  sums  that  are  usually 
given  for  such  purposes,  and  by  Church  contributions. 
The  consequence  is,  they  have  been  struggling  with  pe- 
cuniary difficulties  from  the  beginning,  and  are  not  yet 
relieved.  Expenses  are  constantly  accruing,  and  how 
is  it  possible  that  such  institutions  can  be  sustained  by 
charity  alone?  Benevolent  men  will  give  for  a  single 
year  or  two,  but  by  constant  drafts  upon  their  resources, 
they  become  discouraged.  Moreover,  all  institutions  of 
this  description  erected  in  our  large  cities,  are  entirely 
too  limited  in  their  accommodations,  to  answer  the  wants 
of  the  communities  in  which  they  are  located.  That  in 
Boston  has  an  average  only  of  twenty  inmates.  Those 
in  New-York  and  Philadelphia  but  thirty  or  forty.  In  all 
other  cities  the  average  is  about  the  same  in  ratio  to  the 
population.  This,  in  itself,  is  well  as  far  as  it  goes;  but 
it  is  not  enough.  Thousands  are  sentenced  to  the  jail, 
the  house  of  correction  and  the  rookery,  every  month, 
who  need  the  good  instruction,  the  encouragement  and 
fostering  aid,  which  these  institutions  might  afford  if 
sufficiently  ample  for  their  accommodation,  and  were 
23 


266  THE   CRIMINAL — HIS   TREATMENT. 

nv.ned  or  managed  by  the  State  or  county.  They  should 
l>o  located  out  of  the  city,  in  some  rural  district,  with 
iz  irdens  and  ample  grounds,  school-room  for  the  younger, 
a  ad  chapel  for  all;-  and  while  they  should  be  so  con- 
i^tructed  as  to  prevent  any  from  escaping,  they  should 
resemble  a  House  of  Reform  and  Industry,  more  than  a 
jail  or  huge  prison.* 

The  philosophy  that  would  degrade  while  it  punishes, 
i  7  wholly  wrong  and  unchristian.  The  classes  of  whom 
W3  speak,  when  guilty,  should  be  sent,  or,  if  you  please, 
.'^  mtenced  to  such  an  institution  as  we  have  described, 
not  through  revenge,  but  for  improvement.  It  should 
hi  a  place,  not  of  idleness  like  our  common  jail,  but  of 
t!ie  most  perfectly  systematized  industry.  The  inmates 
.should  not  be  put  to  the  most  degraded  forms  of  female 
drudgery,  but  to  employments  suited  to  their  sex,  and 
ho  far  as  is  consistent,  congenial  with  their  taste.  Such 
a  place  might  be  made  the  manufactory  of  a  thousand 
useful  articles  of  trade;  such  as  straw  hats  and  bonnets, 
Avaaring  apparel  for  men  and  boys,  mattresses  and  bed- 
ding, millinery  and  dresses  for  ladies,  collars,  artificial 
li  )wers,  light  shoes,  hose,  and  many  other  things.  And 
care  should  be  taken  that  all  who  enter  destitute  of  a 
k  uowledge  of  some  kind  of  work,  whereby  they  can  ob- 
tian  the  support  of  life,  should  be  given  good  trades, 
s  )  that  when  their  term  of  time  expires,  they  may  not  be 
returned  to  the  world  destitute  of  the  means  of  sustenance. 


♦We  perceive  that  New-York  is  moving  in  the  right  direction  so  far  as 
oncerns  its  inmates.  The  Committee  on  State  Oharitahle  Institutions  of 
J  he  New- York  Legislature,  reported  a  bill,  lately,  incorporating  the  ''Home 
i  or  Inebriates"  in  the  village  of  Geneva.  This  corporation  is  allowed  to 
h  )ld  250  acres  of  land,  or  property  to  the  amount  of  $250,000,  in  shares 
<  f  $20  each.  The  Home  to  be  managed  by  nine  trustees — the  first  set 
1  )  be  appointed  by  the  Governor  and  Senate,  and  the  successors  of  six  of 
tliem  to  be  appointed  by  the  stockholders,  and  the  successors  of  the  other 
t'lree  by  the  Governor  and  Senate.  The  bill  also  appropriates  $10,000  to 
the  use  of  the  corporation  when  $5,000  have  been  subscribed. 


ABANDONED   VAGRANT  CHILDREN.  267 

We  confidently  believe  that  such  an  institution,  with 
kind  and  judicious  Christian  men  and  women  to  oversee 
and  control  its  movements,  would  be  an  immense  saving 
to  every  large  city,  not  only  on  the  score  of  economy, 
but  of  true  charity,  and  that  five-eighths  of  those  who 
might  be  thus  aided,  while  they  were  punished,  would  be 
saved  from  idleness,  want  and  utter  ruin  ;  and  "  instead 
of  living  to  prey  upon  and  curse  society,  enduring  in 
their  own  souls  the  unavailing  anguish  of  remorse,  they 
might  live  to  honor  and  bless  the  sphere  in  which  they 
move."  This  would  be  a  humane.  Christian  and  desirable 
work.     Why  should  not  the  State  engage  in  it  ? 


CHAPTER    Y 


THE  JAIL  AND  THE  PENITENTIARY. 


Need  of  Eeform  in  the  Common  Jail— Congregated  System  injurious— Jail  in  Cincin- 
nati The  Influence  of  the  Old  Criminal  on  the  Young— Present  System  msfkes  Crimi- 
nals—Facts related  -Importance  of  Labor— Expense  of  maintaining  the  Prisoner  in 
Idleness -Reformation  of  the  Offender  the  most  important  Consideration— The  Peni- 
tentiary -The  Old  System  Progress  already  made— More  to  be  done— Work  of  Howard 
the  Philanthropist— Eastern  Penitentiary  of  Pennsylvania  Separate  System -Its 
Advantages — Ignorance  the  Cause  of  Crime  Reform  needed  in  the  Educational  Depart- 
ment—Also in  the  Disciplinary— Power  of  Kindness -Prisoners  should  be  Encouraged 
when  in  Prison  and  when  they  return  to  the  World— Interesting  Facts. 


There  is  great  need  of  reform  in  the  management  of 
the  common  jail,  in  this  country.  The  present  system 
of  herding  together  culprits  of  all  ages  and  of  every 
degree  of  crime,  and  permitting  them  to  remain  in  idle- 
ness, indulging  in  gambling  and  profanity,  reading  ob- 
scene books,  recounting  their  deeds  of  daring  and  profli- 
gacy, and  instructing  each  other  in  all  the  arts  of  crime, 
is  the  most  injurious  and  damning  possible. 

Take,  for  instance,  the  jail  in  Cincinnati,  for  the 
county  of  Hamilton,  which  consists  mainly  of  a  room 
say  fifty  feet  in  length  by  forty  in  breadth,  with  stone 
floor  and  walls,  and  with  cells  for  the  safe  keeping  of  the 
prisoners  by  night.  Each  morning  the  doors  of  the 
cells  are  opened,  and  all  the  prisoners,  without  regard  to 
age,  complexion,  education,  or  degree  of  guilt,  have  the 
free  range  of  the  large  room.  From  fifty  to  one  hundred 
and  fifty  are  its  constant  occupants.  There,  may  be 
seen  at  any  time  the  old  offender  steeped  in  crime,  and 
learned  in  all  the  mysteries  of  theft  and  burglary,  side 
by  side  with  the  lad  of  fifteen  whom  an  unfortunate  and 
(268) 


THE   JAIL   AND   THE   PENITENTIARY.  269 

trifling  deviation  from  the  right,  has  brought  into  this 
position.  He  may  be  there  only  for  a  few  weeks;  he 
may  be  detained  merely  as  a  witness,  but  behold  how  the 
tempter,  as  he  sits  before  him  dealing  his  cards,  recount- 
ing his  exploits  in  crime,  his  association  with  dissolute 
females,  and  describing  his  easy,  jovial,  pleasant  life,  is 
luring  him  to  temptation,  and  sowing  the  seeds  of  crime. 
For  days,  weeks,  it  may  be  months,  is  he  taught  in  this 
Bchool  of  crime.  Nothing  better  presents  itself  to  occupy 
his  attention.  Not  a  day  nor  an  hour's  work  is  per- 
formed by  the  whole  motley  crew  during  their  entire 
term  of  imprisonment.  Constantly  do  they  lounge  in 
idleness,  with  no  checks  upon  their  tongues  or  passions. 
Under  such  circumstances,  what  could  reasonably  be 
expected,  but  that  old  villains  should  lead  the  young 
oflFender  in  the  evil  way?  If  it  were  one  of  the  main 
objects  of  the  government  to  sow  broad-cast  the  seeds  of 
crime,  it  could  scarcely  devise  means  better  fitted  to  its 
end,  than  is  exhibited  in  the  system  of  imprisonment 
which  most  of  our  county  jails  present.  Hundreds  of 
well-attested  cases  might  be  cited  to  show  the  truth  of 
this  declaration,  some  of  which  have  come  under  our 
own  observation ;  but  we  have  space  for  but  one,  which 
we  extract  from  a  voluminous  letter  just  published,  from 
the  Corresponding  Secretary  of  the  "  Prison  Association 
of  New- York,"  to  one  of  the  Vice-Presidents,  on  "  The 
Cause  of  Crime."  Among  other  facts,  he  presents  the 
following : — 

"  We  once  visited  the  jail  of  Columbia  county,  (N.  Y.) 
and  found  among  the  inmates  a  boy  of  fifteen  years  old, 
who  had  been  put  there  for  a  breach  of  some  corporation 
ordinance — we  believe  it  was  firing  crackers  in  the 
streets;  he  was  undoubtedly  a  bad,  mischievous  child, 
but  he  never  dreamed  of  committing  a  crime.     A  few 


270  THE   JAIL   AND   THE   PENITENTIARY. 

months  afterwards,  on  visiting  the  same  jail,  we  found 
him  there  again ;  and  on  inquiring  we  learned  that  an 
old  burglar,  who  was  in  the  jail  at  the  time  of  his  first 
confinement,  had  taken  a  fancy  to  the  lad  and  infiamed 
his  mind  with  images  of  the  free  and  easy  life  that  men 
of  his  profession  led — their  exemption  from  labor,  the 
magnitude  of  their  gains,  and  the  pleasure  they  had  in 
spending  them.  When  he  had  fully  succeeded  in  rousing 
the  boy's  ambition  to  enter  a  career  of  lawlessness  and 
crime,  he  taught  him  all  the  details  of  lock-picking  and 
pocket-picking,  taught  him  how  to  elude  the  watchful- 
ness of  housekeepers  and  storekeepers,  how  to  dispose  of 
troublesome  dogs,  and  how  to  conceal  and  dispose  of 
stolen  property ;  thus  in  a  few  short  weeks,  a  wild  boy, 
through  the  agency  of  a  common  jail,  was  ripened  into  a 
bold  and  consummate  rogue,  whose  life  was  fully  dedi- 
cated to  the  work  of  preying  on  the  property  and  per- 
haps the  lives  of  his  fellow-men.  On  leaving  the  prison 
the  burglar  furnished  him  with  a  letter  to  a  confederate, 
and  together  they  soon  planned  a  burglary;  the  boy 
entered  the  store — the  other  remaining  outside  to  watch 
— but  before  he  had  secured  his  booty  the  proprietor 
entered  the  store  through  a  private  passage  and  secured 
him,  while  his  confederate  escaped;  and  he  was  now  in 
jail  waiting  for  his  trial,  which  was  certain  to  end  in 
conviction  !" 

This  is  but  an  isolated  case.  Hundreds  very  similar 
are  constantly  occurring.  Nearly  10,000  different  per- 
sons in  the  State  of  Ohio,  and  30,000  in  the  State  of 
New-York,  as  many  more  in  Pennsylvania,  and  all  other 
States  in  ratio  to  their  population,  pass  through  the  cor- 
rupting ordeal  of  the  county  jail,  annually;  and  when 
we  consider  how  large  a  portion  of  these  are  really  or 
legally  innocent,  or  are  detained  only  to  testify  to  the 


THE   JAIL   AND   THE   PENITENTIARY.  271 

criminal  acts  of  others,  and  must  necessarily  be  contam- 
inated more  or  less  by  the  influences  which  surround 
them,  we  behold  the  positive  inhumanity  of  the  system  ; 
a  consideration  which  is  sufficient  to  condemn  it,  aside 
from  all  considerations  of  public  policy.  "  Why,  sir.' 
exclaimed  a  convict  to  us  in  the  Cincinnati  jail  not  lon;^ 
since,  when  questioning  him  on  this  subject,  "  Why,  sir, 
bring  a  man  to  this  room  as  pure  as  an  angel,  and  let 
him  mingle  in  this  company  six  months,  and  he  will  //> 
out  a  devil,  AND  can't  help  himself!"  It  is  singular 
that  the  public  have  not  everywhere  discovered,  that  the 
inevitable  tendency  of  this  system  is  to  multiply  crimi- 
nals instead  of  lessening  them. 

In  addition  to  all  this,  it  is  an  exceedingly  expend.' n 
method  of  punishing  crime.  Every  criminal,  no  matt -.r 
how  long  he  has  to  remain  in  confinement,  must  be  sup- 
ported 171  idleness  at  the  cost  of  the  State.  James  Sua- 
mons,  charged  with  the  committal  of  a  most  revolting 
murder,  has  lived  a  gentleman,  for  more  than  six  ye:;r.s 
in  the  Cincinnati  jail,  at  the  expense  of  our  citizens,  mil 
during  the  whole  time  has  not  so  much  as  lifted  a  finger 
toward  his  support.  The  annual  expense  to  our  St.ite 
for  the  support  of  our  county  jails,  cannot  be  less  tli  la 
$300,000;  in  New-York,  $600,000,  and  in  Pennsylva- 
nia about  the  same  amount.     Now  this  need  not  be. 

"  But  how  can  it  be  remedied?"  inquires  the  reader. 
I  answer,  Reform  the  construction  of  your  jails;  espe- 
cially, those  of  large  cities.  Make  them  equally  safe, 
but  more  ample,  with  workshops,  and  rooms  fitted  lor 
difi"erent  descriptions  of  employment.  The  shoemaker, 
carpenter,  blacksmith,  locksmith,  turner,  tailor,  engraver, 
printer  might  be  put  to  work.  Indeed,  no  man,  or 
woman,  if  in  health,  need  remain  in  idleness.  S(;mo 
simple  employment  could  be  furnished  them,  by  wliich 


272  THE   JAIL    AND   THE   PENITENTIARY. 

they  could  at  least  be  made  to  earn  their  hoard,  after 
deducting  the  interest  on  the  cost  of  the  establishment, 
and  the  salary  of  the  keepers.  In  the  Cincinnati  jail  we 
have  on  an  average  at  least  one  hundred  in  constant 
confinement.  Allowing  313  working  days  in  a  year,  the 
average  loss  of  time  in  idleness  is  31,300  days,  which  at 
80  cents  per  day  would  amount  to  an  aggregate  of 
$25,040.  The  time  squandered  in  the  Tombs  in  New- 
York  city,  is  worth  $50,000  annually.  The  same  loss  is 
sustained  in  the  jails  of  all  our  large  towns  and  cities,  in 
ratio  to  the  population;  while  at  the  same  time  honest 
citizens  are  taxed  to  maintain  these  delinquents  in  their 
idleness.     Why  should  this  state  of  things  remain  ? 

Do  you  say,  that  many  of  them  are  not  yet  convicted 
of  crime,  but  are  detained  in  jail  for  trial,  or  as  witnesses 
against  other  criminals,  and  that  the  State  has  no  right 
to  force  them  to  labor,  or  if  it  has,  such  compulsion 
would  be  unjust  and  inhuman  ?  I  answer,  first.  The 
State  has  the  same  right  to  compel  them  to  labor,  that  it 
has  to  deprive  them  of  liberty;  and  second,  It  is  posi- 
tively inhuman,  and  most  injurious  to  their  morals,  as 
we  have  shown,  to  permit  them  to  remain  in  idleness. 
If  guilty  of  crime,  it  is  but  just  that  they  should  be 
made  to  pay  the  expense  of  their  maintenance ;  and  if 
on  examination,  their  innocence  is  established,  or  if  they 
are  detained  as  witnesses,  justice  would  demand  that  the 
county  should  refund  a  fair  equivalent  for  their  services. 
In  this  way  they  would  be  made  to  earn  something  for 
themselves,  during  their  confinement.  Thus,  viewing 
the  subject  as  we  may,  the  advantages  are  altogether  in 
favor  of  the  change  which  we  have  described.  We  are 
satisfied,  that  so  far  as  economy  is  concerned,  the  weight 
of  the  argument  is  on  the  side  of  a  change ;  while  all 
must  allow  that  the  moral  advantages  secured  by  the 


THE   JAIL   AND   THE   PENITENTIARY.  27B 

change  would  be  invaluable  to  the  delinquents  them- 
selves. The  great  thing  to  be  accomplished  in  the  pun- 
ishment of  offenders,  is  their  reformation.  The  ejuestion 
of  economy,  notwithstanding  what  we  have  said,  therefore, 
is  not  one  of  moment.  The  true  system  of  prison  disci- 
pline to  adopt,  is  that  which  possesses  the  greatest 
reformatory  power.  No  system  should  be  countenanced 
that  makes  bad  men  worse,  and  instructs  the  youthful 
offender  in  all  the  subtile  arts  of  villainy ;  which,  as  we 
have  seen,  is  the  inevitable  result  of  our  present  system. 

THE    PENITENTIARY. 

We  have  said,  during  the  progress  of  these  pages, 
that  sixty  years  ago  prisons  were  simply  dungeons  of 
incarceration  and  filth,  into  which  men  and  women  were 
thrown  only  to  be  abused  and  hidden  from  society.  The 
great  mass  of  men  regarded  the  convict  as  incurable  and 
worse  than  worthless,  deserving  only  to  be  tortured,  then 
killed  and  buried  in  a  dunghill. 

Such  were  the  prevailing  opinions,  and  the  condition 
of  prisons  in  England  and  France,  when  the  attention  of 
the  benevolent  Howard  was  turned  to  a  consideration  of 
this  important  subject.  He  argued  that  the  criminal, 
notwithstanding  his  offense,  is  still  a  child  of  Grod  and  a 
member  of  the  human  family.  He  had  violated  the  law 
and  become  a  convict,  but  this  was  no  just  reason  why 
he  should  be  the  proscribed  object  of  public  vengeance, 
and  utterly  destroyed.  On  the  contrary,  it  was  the  duty 
of  society,  while  it  punished,  to  endeavor  to  reclaim  and 
restore  the  offender.  But  this  was  impossible  in  prisons 
constructed  simply  with  reference  to  a  dungeon  confine- 
ment, where  existed  but  little  or  no  light,  no  ventilation 
or  cleanliness;  no  instruction  or  labor,  no  sympathy  or 
kind  words,  nor  prayerful  admonitions;  and  it  was  at  his 


2T4  THE   JAIL   AND   THE   PENITENTIARY. 

suggestion  that  prisons  were  constructed  on  enlarged 
and  more  humane  plans,  with  separate  cells,  chapels  and 
healthful  circulation  of  air. 

Acting  on  the  hints  of  this  friend  of  humanity,  the 
work  of  improvement  has  progressed  from  that  day  to 
the  present,  in  all  Christian  countries,  till  now,  many 
prisons  are  aiming  to  be  what  humanity  and  Christianity 
demand,  viz :  Schools  of  Reform,  at  the  head  of  which 
are  some  of  the  kindest  and  most  Christian  men  the 
world  has  ever  known. 

Probably  the  most  humanely  constructed  and  best 
regulated  prison  in  the  world  is  the  Eastern  Penitentiary 
of  Pennsylvania.  It  is  arranged  on  the  separate  plan,  a 
principle  of  discipline  which  originated  in  Pennsylvania 
and  was  first  applied  and  tested  in  that  prison.  Np 
prisoner  is  allowed  to  mjngle  with  others.  Each  man 
has  a  cell  by  himself,  which  is  about  17  feet  square  and 
12  feet  high — large  enough  to  admit  a  weaver's  loom, 
hydrant,  bed,  snug  and  convenient  water  closet,  and 
whatever  else  is  necessary  to  the  health  and  comfort  of 
the  prisoner.  To  each  cell  there  is  attached  a  yard  of 
the  same  dimensions,  where  he  is  allowed  to  exercise  one 
hour  each  day,  and  in  which  he  cultivates  peaches,  flow- 
ers, grape  vines  and  shrubbery. 

Some  benevolent  men  have  condemned  the  "  separate 
cell"  system  as  inhuman,  unnatural  and  awful.  But 
they  have  condemned  without  investigation.  They  sup- 
pose the  prisoner  exists  in  perpetual  solitude — is  desti- 
tute of  light,  and  that  he  has  no  employment  but  that  of 
brooding  over  his  own  fate.  But  instead  of  this,  it 
allows  him  plenty  of  light,  and  permits  any  and  every 
degree  of  association  with  him,  except  that  of  other  con- 
victs. His  friends  can  call  to  see  him,  and  converse 
with  him  at  any  hour  as  long  as  they  desire.     Each  day 


THE   JAIL   AND   THE   PENITENTIARY.  275 

his  task  is  assigned  him — his  overseer  and  chaplain  visit 
him  for  instruction  and  encouragement,  and  he  is  fur- 
nished good  books,  and  permitted  to  employ  a  certain 
amount  of  time  for  their  perusal,  and  for  educational 
purposes.  As  his  old  associations  with  the  corrupt  are 
broken  up,  and  he  is  not  permitted  to  mingle  with  them 
for  his  term  of  improvement,  there  can  be  no  question 
but  the  probabilities  of  the  reformation  of  a  prisoner  in 
a  separate  prison,  under  such  a  government,  are  a  hun- 
dred fold  greater  than  in  a  congregate  prison.  Indeed, 
this  system  has  been  faithfully  tested,  and  with  signal 
and  acknowledged  success. 

This  is  the  principle  we  would  recommend  for  all 
States  to  adopt  in  the  construction  of  their  Penitentiaries, 
as  speedily  as  the  nature  of  their  circumstances  will 
allow.  It  is  the  principle  on  which  our  county  prisons 
for  large  towns  and  cities,  should  be  erected.  As  says 
the  "  Pennsylvania  Journal  of  Prison  Discipline,"  in  its 
advocacy  of  this  system  :— 

"  When  a  man  is  arrested  for  crime,  the  legal  pre- 
sumption that  he  is  innocent,  should  protect  him  from 
all  degrading  and  polluting  associates.  Hence,  he 
should  be  secluded  from  all  others  charged  with  or  con- 
victed of  crime,  as  one  entitled  to  the  sympathy  and 
companionship  of  the  honest  and  good. 

"  If  he  is  acquitted,  it  shall  be  no  fault  of  the  govern- 
ment if  he  does  not  return  to  society  without  any  stain 
which  was  not  on  him  when  he  was  arrested. 

"  If  he  is  convicted,  the  same  care  is  demanded  by 
right  and  justice,  as  well  as  by  sound  public  policy,  that 
he  shall  enjoy  every  opportunity  to  reinstate  himself  in 
the  confidence  of  his  fellow-citizens,  and  that  nothing 
shall  be  done  to  him  or  sufi'ered  by  him,  that  can  possibly 
contribute   to   his  further   deterioration,   and  that  all 


276  THE   JAIL   AND   THifi   PENITENTIARY. 

means  are  used  to  encourage  him  in  efforts  to  retrieve 
his  character.  Among  these  the  first  and  chief  is,  a 
complete  change  of  company — absolute  separation  from 
convict  society,  and  all  needful  association  with  the  hon- 
est and  upright.  This  we  regard  as  the  sine  qua  non  of 
every  rational,  humane  or  reformatory  system  of  prison 
discipline." 

But  notwithstanding  the  progression  of  which  we 
have  spoken,  in  the  improvement  of  prisons  and  treat- 
ment of  prisoners,  there  remains  much  yet  to  be  accom- 
plished in  that  direction.  Neither  the  benevolence  of 
Christianity,  nor  the  ingenuity  of  humanity,  has  arrived 
at  the  neplus  ultra  of  effort. 

In  what  we  have  further  to  say  on  this  subject,  we 
desire  to  specify  four  departments  in  which  there  is  still 
need  of  more  marked  attention;  viz:  the  Educational — 
the  Disciplinary — Encouragement  of  the  offender^  and  care 
over  him  when  discharged. 

1.  The  Educational  Department.  We  are  aware  that 
some  men  sneer  at  the  idea  of  instructing  a  "State  prison 
bird."  They  don't  want  to  live  to  see  the  day  when  the 
penitentiary  for  convicts  and  felons  shall  be  changed 
into  a  college.  They  will  never  consent  that  the  public 
money  shall  be  appropriated  for  any  such  purpose !  But 
such  persons,  though  they  may  profess  to  be  overstocked 
with  the  Christian  religion  and  a  true  philosophy,  have 
but  precious  little  of  either.  We  have  no  desire  to  see 
our  penitentiaries  literally  turned  into  colleges ;  but  yet 
while  they  are  places  of  confinement,  labor  and  punish- 
ment, both  Christianity  and  a  true  policy  demand  that 
they  should  be  places  of  instruction. 

As  we  have  shown,*  one  great  cause  of  crime  is  igno- 
EANCE.     Seven-eighths  of  all  the  criminals  in  Christen- 

*  See  statistical  facts  mentioned  in  third  chapter. 


THE   JAIL   AND   THE   PENITENTIARY.  277 

dom,  kave  but  little  or  no  education.  Many  of  them 
from  infancy,  were  so  circumstanced  tliat  it  was  beyond 
their  power  to  obtain  even  the  rudiments  of  learning. 
Their  parents  themselves  were  criminals,  or  crushed 
with  poverty,  or  existing  in  profligacy  and  drunkenness. 
They  had  no  care  over  their  children,  who  grew  up  in 
idleness  and  vagrancy  ;  were  instructed  in  crime  by  their 
parents  and  early  companions,  and  the  State  prison  or 
penitentiary  is  their  end.  There  is  no  difficulty  in  show- 
ing, from  the  statistics  of  crime  in  the  United  States  for 
the  last  twenty  years,  that  a  large  majority  of  State- 
prison  criminals  could  neither  read  nor  write.  And  in 
the  report  of  the  British  and  Foreign  School  Society,  a 
few  years  ago,  we  are  informed  that  ''out  of  nearly  700 
prisoners  put  on  trial  in  four  counties,  upwards  of  two 
hundred  and  sixty  were  as  ignorant  as  the  savages  of  the 
desert — they  could  not  read  a  single  letter.  Of  the 
whole  700,  only  150  could  write,  or  even  read  with  ease; 
and  nearly  the  whole  number  were  totally  ignorant  with 
regard  to  the  nature  and  obligations  of  true  religion." 
In  the  reports  of  the  Society,  for  1832-3,  it  is  affirmed, 
"In  September,  1831,  out  of  fifty  prisoners  put  on  trial, 
at  Bedford,  only  four  could  read.  At  Wisbeach,  in  the 
Isle  of  Ely,  out  of  nineteen  prisoners  put  on  trial,  only 
six  were  able  to  read  and  write,  and  the  capital  offenses 
were  committed  by  persons  in  a  state  of  the  most  debas- 
ing ignorance."  When  a  jailor  was  describing  his 
prisoners  to  Leigh  Hunt,  he  termed  them,  "poor,  ignorant 
creatures^  Now  this  phrase  describes  the  condition  of 
nearly  all  the  inmates  of  our  penitentiaries  in  the  United 
States.  There  is  now  and  then  an  educated  man  among 
them,  it  is  true,  but  generally  they  are  a  set  of  "poor, 
ignorant  creatures.^^  If  they  had  been  properly  educated 
when  young,  some  of  them  would  have  been  honorable 


278  THE   JAIL   AND   THE   PENITENTIARY. 

and  high-minded  men,  a  blessing  to  themselves  and  an 
honor  to  their  race. 

And  evidently  what  they  need  is  instruction,  to  pre- 
vent a  repetition  of  crime.  Why  should  they  not  have 
it.  even  in  their  prisons  ?  The  true  object  of  punish- 
ment is  the  correction  of  the  offender.  But  how  can  we 
correct  him  if  his  mind  is  enshrouded  in  ignorance;  if 
he  is  low  and  groveling  in  all  his  conceptions,  and, 
therefore,  has  no  appreciation  of  moral  truth,  and  what 
is  really  for  his  happiness  ?  Our  common  schools  are 
established  and  supported  by  taxation,  on  the  basis  of 
universal  intelligence  as  the  safeguard  against  moral 
depravity.  Our  States  have  assumed,  that  it  is  wiser  to 
pay  for  the  instruction  of  poor  children,  than  to  maintain 
them  in  crime;  and  Great  Britain  is  following  in  our 
footsteps.  She  has  learned  that  it  does  not  cost  the 
United  States  so  much  by  four  htindred  per  cent  to  edu- 
cate our  children,  as  it  does  her  own  nation  to  support 
her  paupers  and  her  criminals ;  and  hence  recommenda- 
tions have  come  from  the  proper  sources  in  that  country 
to  insure  the  establishment  of  free  schools  somewhat 
similar  to  our  own  in  the  free  States. 

If,  then,  it  is  in  harmony  with  a  wise  policy  to  educate 
children,  to  keep  them  out  of  crime,  why  is  it  not  equally 
wise  to  educate  them  in  prison,  to  prevent  a  repetition  of 
crime?  And  surely  this  is  what  Christianity  demands. 
If  we  are  Christians  we  must  not — we  cannot  punish 
crime  out  of  revenge.  Instead  of  this  the  obligations  of 
our  benevolence  teach  us  that  while  we  punish  the 
offender  to  prevent  a  repetition  of  crime,  we  must  do  him 
all  the  good  in  our  power.  Christianity  is  not  merely 
prohibitory — directing  us  to  avoid  "working  ill"  to  an- 
other— but  amendatory,  requiring  us  to  do  him  good. 
And  we  may  rest  assured,  that  the  legislator  whose  laws 


THE   JAIL   AND   THE   PENITENTIARY.  279 

are  contrived  only  for  the  detection  and  punishment  of 
offenders,  fulfils  but  half  his  duty.  If  he  would  con- 
form to  the  Christian  plan,  he  must  also  labor  and  pro- 
vide for  their  reformation. 

Much  has  been  accomplished  already  in  many  prisons, 
in  the  educational  department.  But  not  enough.  All 
oar  penitentiaries  should  be  so  regulated  and  managed, 
that  every  man,  woman  and  child,  with  common  mental 
capacity,  should  be  necessitated  to  learn  to  read  and 
write,  if  the  term  of  his  or  her  sentence  would  admit  of  it. 
They  should  also  be  carefully  instructed  in  the  principles 
of  morals  and  religion — not  the  religion  of  a  sect,  or 
creed,  but  the  Christian  religion,  which  consists  in  love 
to  God  as  a  Father,  and  to  man  as  a  brother.  To  this 
end,  the  most  judicious  and  Christian  teachers  should 
be  selected,  who  would  faithfully  discharge  their  duties. 
A  few  hundred  dollars  additional  salary  is  a  matter  of 
slight  consideration.^  The  right  men  should,  by  all 
means,  be  employed;  for  as  far  as  the  experiment  has 
been  tried,  the  result  of  furnishing  such  men  and 
spending  an  hour  or  two  each  day  in  instructing  the 
convict,  has  been  most  salutary. 

In  New-York,  teachers  are  employed  in  all  the  prisons. 
In  a  recent  report  they  say :  "  In  discharging  our  duties 
as  teachers,  we  think  we  have  been  able  to  discern  the 
wisdom  which  prompted  to  the  establishment  of  means 
for  the  instruction  of  convicts  confined  in   our  prisons. 

*  Last  winter  our  Ohio  Legislature  made  a  move  in  the  right  direction 
for  the  advancement  of  the  Columbus  penitentiary  convicts.  A  bill  for 
the  thorough  reorganization  of  that  institution  passed  through  the  House 
Committee  of  the  Whole,  which  contained  some  excellent  provisions. 
Among  other  things,  it  was  provided  that  the  chaplain  be  a  tutor,  at  a 
salary  of  $800  per  annum,  and  to  have  an  assistant  at  $300  if  necessary. 
We  were  glad  to  see  this,  as  it  was  an  advancement  upon  the  old  system. 
Still  it  was  not  advancement  enough.  To  spend  all  their  time  in  their 
duties,  if  the  right  kind  of  men,  they  should  at  least  have  $400  added  to 
the  above  sums ;  while  it  should  have  been  positively  settled  that  an 
assistant  is  "  necessary." 


280  THE    JAIL    AND    THE    PENITENTIARY. 

The  eagerness  to  learn,  which  has  been  manifest  on  the 
part  of  the  criminals  who  needed  instruction — the  atten- 
tion and  application  which  they  have  evinced,  and  the 
improvement  which  they  have  made,  are  exceedingly 
gratifying." 

A  young  man  writing  to  his  brother,  from  the  Eastern 
Penitentiary  of  Pennsylvania,  where  the  criminals  are 
not  only  instructed  in  good  trades,  but  in  reading,  writ- 
ing, arithmetic,  religion,  &c.,  says: — 

"  I  can  now  make  a  good  shoe,  and  the  improvement 
of  my  mind,  I  leave  you  to  judge  by  comparing  my 
letter  to  sister  of  some  time  since,  with  this.  My  mind 
is  the  main  point  at  which  I  am  aiming.  I  am  deter- 
mined to  master  the  arithmetic,  and  other  books.  This 
imprisonment  will  be  the  most  useful  of  all  my  life  spent 
so  far,  and  I  assure  you  I  shall  try  to  improve  by  it 
whenever  the  opportunity  offers  itself.  When  I  am  lib- 
erated, instead  of  wasting  my  evenings  with  engine 
companies,  I  will  attend  some  useful  lecture  at  the 
Franklin  Institute,  or  in  reading  books  from  which  I 
can  derive  some  useful  information.  My  eyes  are  now 
open,  and  I  see  the  disgrace  of  being  ignorant.  I  shall 
always  look  upon  this  imprisonment  as  the  greatest  ben- 
efit I  ever  had,  and  when  that  happy  time  arrives  that  I 
can  be  able  to  call  myself  worthy  of  my  relatives,  then 
I  will  look  back  on  these  walls,  and  thank  God  that  I 
3ver  inhabited  them." 

2.     In  the  Disciplinary  Department^  reform  is  also  still 

needed. 

Prisons  are  too  generally  controlled  by  brute  force. 
Blows,  chains,  the  lash,  kicking,  the  screw,  the  shower- 
bath,  and  other  barbarous  and  cruel  treatment  has  been 
employed  as  a  means  to  control  and  subdue  the  offender, 
instead  of  persuasion  and  kind,  Christian,  moral  means. 


THE   JAIL   AND   THE   PENITENTIARY.  281 

The  benevolent  Howard  beheld  this  wherever  he  went; 
and  he  saw  no  good  resulting  from  it,  but,  on  the  con- 
trary, it  but  increased  the  desperation  of  the  offender 
hardened  in  crime,  and  utterly  froze  all  his  better 
feelings  to  their  very  fountain.  He,  therefore,  resolved 
to  be  governed  only  by  kindness  and  tenderness  in  his 
visits  to  the  wretched  criminal.  "  Overcome  evil  with 
good,"  he  believed  to  be  the  true  principle;  and  "experi- 
ence soon  convinced  him  that  there  was  no  man  so 
debased,  or  his  feelings  so  callous,  but  that  he  could  be 
reached  and  softened  by  Christian  kindness.  Blows, 
kicks,  starvation  and  neglect,  only  turned  the  heart  to 
iron  ;  but  no  sooner  was  the  angel  voice  of  this  Christ- 
like man  heard,  and  his  kindness  felt,  than  the  long- 
sealed  feelings  were  opened,  the  dried  up  sources  of  tears- 
were  filled,  the  waters  of  sorrow  flowed,  and  the  heart  of 
sin  became  radiated  with  deep  and  undying  love  for  his 
benevolent  visitor."* 

Such  are  the  effects  of  the  law  of  Love,  in  all  prisons 
where  it  has  been  made  the  governing  element.  Says  an 
intelligent  gentleman, f  in  describing  what  he  saw  and 
heard  during  a  visit  to  the  Pennsylvania  Institution  a 
few  years  ago :  "  I  was  greatly  pleased  to  witness  the 
effects  of  kindness,  in  the  gratitude  and  reverence  mani- 
fested toward  the  warden.  We  were  shown  to,  and  into 
perhaps  a  score  of  the  cells  in  one  of  the  wards — not  by 
selection,  but  by  succession — and  we  did  not  see  a  single 
instance  which  would  create  suspicion  of  the  existence 
of  any  other  law  than  kindness  (associated,  of  course, 
with  firmness.)  The  address  of  the  warden,  a  mild  and 
kind  Quaker,  was  indeed  fatherly; — as,  for  example,  he 
would  say,  when  he  let  down  the  iron  wicket : 

*  Montgomery's  Law  of  Kindness. 
[  Rev.  A.  C.  Thomas,  Philadelphia. 

24 


282  THE    JAIL    AND   THE   PENITENTIARY. 

"  'Well,  Ned,  how  does  thee  get  along  to-day,  my  boy? 
Does  the  work  go  to  suit  thee  ?'  To  another,  who  was 
lying  down  and  was  striving  to  rise  quickly,  when  he 
heard  the  wicket  open — '  There,  there,  lie  still,  Sammy,  I 
am  afraid  thee  don't  feel  well  to-day.  I  am  bringing 
some  friends  to  see  thee,  Sammy.'  And  thus  from  cell 
to  cell  we  went  to  see  and  converse  with  the  prisoners — 
some  of  them  committed  for  terrible  crimes — and  the 
good  warden  was  ever  the  same  kind  friend,  as  the  evi- 
dent gratitude  and  respect  of  the  convicts  denoted. 

"  The  punishments,  aside  from  separate  confinement 
and  the  necessity  of  work,  are  only  two  in  number ;  in 
minor  offenses  a  withholding  of  food  for  one  or  more 
days,  and  in  aggravated  cases  a  removal  to  what  is 
termed  the  dark  cell.  Of  the  latter  description,  during 
a'  year,  out  of  more  than  400  prisoners,  only  15  were 
thus  treated." 

"  When  he  took  charge  of  the  prison,  he  was  informed 
of  a  very  hard  subject — a  stout,  violent  and  very  profane 
mariner.  He  was  told  that  nothing  short  of  great  stern- 
ness and  severity  could  tame  this  rebellious  spirit — and 
so  it  seemed  likely  to  prove,  for  ofi'enses  in  violation  of 
rules  of  order,  were  reported  daily  of  'Ben.'  After  a 
week  had  elapsed,  the  warden  went  to  the  grating  of  his 
room,  and  simply  said:  "  Now,  Ben,  thee  must  go  to  the 
dark  cell." 

The  keepers  ironed  and  removed  him  as  directed. 
He  was  perfectly  furious,  and  broke  out  into  the  most 
violent  imprecations,  which  continued,  with  scarce  an 
interruption,  for  hours. 

In  this  state,  affairs  remained  until  the  next  day, 
and  taking  the  advantage  of  a  quiet  spell,  the  warden 
opened  the  wicket.  Ben  saluted  him  with  a  terrible 
storm  of  abuse  ; — but  the  warden  merely  looked  at  him 


THE   JAIL   AND   THE    PENITENTIARY.  283 

in  silence.  "For  full  ten  minutes,  I  should  think,"  said 
the  worthy  man  in  relating  the  incident,  "Ben  continued 
his  bitter  tirade  of  abuse — and  I  continued  to  look  at 
him  in  silence.  The  truth  is,  I  was  querying  with  my- 
self whether  I  had  not  taken  wrong  means  to  subdue 
this  violent  man,  and  was  striving  to  discover  some  way 
of  mending  the  error.  But  by-and-bye  he  was  worried 
out  with  his  own  vehemence,  and  he  heaved  a  deep  sigh 
and  was  quiet. 

"  Thee  has  noted  such  states  in  children,  I  suppose.  I 
knew  it  was  a  tender  time  with  him,  and  so  I  said  kindly, 

"  '  Ben,  has  thee  a  mother?' 

"  The  strong  man  was  subdued  in  an  instant,  and 
sobbed  like  a  child. 

"  I  saw  he  was  melted,  and  ordered  the  keepers  to 
take  off  his  irons  and  return  him  to  his  cell.  Visiting 
him  immediately  after,  I  had  a  long  private  opportunity 
with  him — and  to  good  effect,  for  he  was  afterward  an 
orderly  and  well-behaved  man.  And  when  his  time 
expired  he  left  us  with  tears.  I  do  not  say  that  he  w'as 
altogether  a  changed  man ;  hut  I  do  think  that  kindness 
and  tenderness  did  for  Ben  what  nothing  else  on  earth  could 
have  accomp  lished. ' ' 

Many  facts  of  a  similar  nature,  going  to  show  what 
power  there  is  in  the  principle  of  love,  to  overcome  the 
most  ignorant  and  depraved,  might  be  adduced,  had  we 
space.  All  the  prison  keepers,  both  of  this  country  and 
Europe,  who  have  been  at  all  successful  in  "  taming  the 
savage  breast,"  have  owed  their  success  to  it.  They 
could  accomplish  nothing  with  vengeance.  Some  men 
think  that  jphilosophy  is  better  than  Christianity.  They 
are  not  aware  that  Christianity  is  the  truest  philosophy. 
"  God  made  us  and  not  we  ourselves."  He  knows, 
therefore,  what  is  in  us  and  what  will  answer  our  moral 


284  THE   JAIL   AND   THE   PENITENTIARY. 

and  spiritual  wants.  And  wlien  Christ  said,  "  Bless  them 
tliat  curse  you,"  and  Paul  exclaimed,  "  Overcome  evil 
with  good,"  a  principle  of  moral  philosophy  was  ejaforced, 
which  has  been  found  by  actual  demonstration,  to  he  the 
only  power  that  will  soften  the  heart  of  the  criminal  and 
fill  him  with  better  desires  and  holier  resolves. 

Perhaps  no  man  ever  lived  who  was  more  successful 
in  reclaiming  and  subduing  the  savage  spirit,  than  Cap- 
tain Pillsbury,  of  the  Weathersfield  Prison,  in  Connecti- 
cut. Previous  to  his  connection  with  the  prison,  the 
convicts  were  visited  with  the  most  shameful  cruelty. 
The  rooms  were  filthy,  whipping  was  frequent  and 
severe,  while  many  of  the  convicts  were  kept  continually 
in  irons.  This  state  of  things  was  not  only  detrimental 
to  industry,  for  the  institution  run  the  State  in  debt 
every  year,  but  its  effect  upon  the  temper  of  the  convicts 
was  very  injurious,  producing  in  them  "a  deep-rooted 
and  settled  malignity."  And  there  were  so  many  recom- 
mitments to  this  and  other  prisons,  of  convicts  who  had 
been  sentenced  to  it  in  the  first  instance,  as  to  demon- 
strate that  such  treatment  did  not  produce  reformation. 
But  when  Captain  Pillsbury  took  charge  of  the  new 
prison  in  Weathersfield,  and  the  convicts  were  removed 
to  it  from  Newgate,  he  instituted  a  very  different  course 
of  treatment.  He  was  kind  in  every  respect,  yet  inflex- 
ibly firm  in  the  discharge  of  his  duty.  He  substituted 
the  law  of  kindness  for  severity.  Says  the  Report,  "  He 
mingles  authority  and  affection  in  his  government  and 
instructions,  so  that  the  principles  of  obedience  and 
affection  flow  almost  spontaneously  towards  him  from 
the  hearts  of  the  convicts."  The  consequences  of  such  a 
course,  were  immediate  and  obvious.  The  convicts  were 
liberated  from  their  irons;  their  respect  and  obedience 
to  the  agent  were  gained,  and  the  institution  began  to 


THE   JAIL    AND   THE    PENITENTIARY.  285 

pay  for  itself  by  its  own  labors.  There  was  no  institu- 
tion of  the  kind  in  the  w^hole  country  so  successful.  The 
most  desperate  criminals,  who  could  be  tamed  nowhere 
else,  were  sent  to  Captain  Pillsbury,  to  be  charmed  into 
staying  their  term  of  time  out.  Even  the  most  ferocious 
were  subdued — and  all  by  kindness,  confidence  and  love. 
The  most  desperately  bitter  could  not  stir  feelings  of 
unkindness  within  him.  If  sick,  he  would  watch  over 
them  with  the  greatest  assiduity  by  night  and  by  day. 
This  was  the  man,  "  who,  on  being  told  that  a  desperate 
prisoner  had  sworn  to  murder  him,  speedily  sent  for  him 
to  shave  him,  allowing  no  one  to  be  present.  He  eyed 
the  man,  pointed  to  the  razor,  and  desired  him  to  pro- 
ceed. The  prisoner's  hand  trembled,  but  he  went 
through  it  very  well.  When  he  had  done,  the  Captain 
said,  '  I  have  been  told  you  meant  to  murder  me,  but  I 
thought  I  might  trust  you.'  '  God  bless  you,  sir  !  you 
may,'  replied  the  regenerated  man.  Such  is  the  power 
of  faith  in  man." 

Thus  should  the  spirit  of  Christianity  govern  among 
the  most  sinful.  No  other  principle  will  reclaim  them. 
How  important,  then,  that  each  State  should  look  care- 
fully after  the  true  interests  of  its  criminals  in  this 
respect.  We  are  happy  to  know  that  Ohio  is  moving  in 
the  right  direction.*  Let  other  States  follow  her  exam- 
ple, or,  what  is  better,  lead  the  way.  Great  care  should 
be  employed  in  selecting  proper  keepers  and  teachers. 
Politics  should  not  govern.  Profane,  wicked,  unfeeling 
demagogues,  who  may  work  well  for  a  party,  will  not  do 

*  Section  16  of  the  bill  before  mentioned,  does  away  with  whipping, 
and  forbids  the  striking  of  a  prisoner  with  a  stick,  or  kicking  of  him,  ex- 
cept where  necessary  in  self-defense.  All  the  officers  to  demean  them- 
selves in  as  kind,  humane  and  forbearing  a  manner  as  is  consistent  with 
the  enforcement  of  strict  discipline— /orZ;2c?s  the  use  of  the  shower-lath  as 
funuhment,  except  with  the  consent  of  a  physician.  Punishment  is  to  be 
confinem-ent  in  a  dark  cell,  on  bread  and  water  diet. 


286  THE   JAIL    AND   THE    PENITENTIARY.  ^ 

here.  Their  influence  is  decidedly  deleterious.  Regard 
should  be  had  to  moral  purity.  The  man  who  occupies 
this  position  must  possess  that  love  which  "  suffereth 
long  and  is  kind."  Honor  or  emolument  must  not  be 
the  leading  motive  with  him  in  seeking  the  place.  He 
must  feel  that  his  work  is  a  kind  of  mission,  under  Grod, 
of  good  to  his  race — and  one  which  he  must  not,  and 
dare  not  leave  just  to  get  more  salary,  more  leisure,  less 
worry  or  less  confinement.  "Such  a  man,"  says  an  Eng- 
lish philanthropist,  "conducts  his  work  in  the  spirit,  and 
by  the  instruments  of  the  missionary,  JS^ot  only  teach- 
ing, but  praying ;  not  only  admonishing  and  advising, 
but  giving  the  daily  example  of  patience,  kindness,  in- 
dustry, endurance,  and  devotion  in  his  personal  life. 
Before  such  men  the  stubborn  tempers  bend,  the  hard 
hearts  soften,  the  idols  of  vice  and  crime  are  cast  down. 
They  need  not  be  men  of  extraordinary  talent,  but  they 
must  be  men  of  earnestness,  love,  and  a  sound  mind.'' 

3.  Criminals  should  he  more  encouraged  than  they  are, 
while  suffering  for  their  offenses.  If  kind,  obedient, 
faithful,  and  guilty  of  no  infraction  of  the  rules  of  the 
prison,  they  should  have  the  credit  and  the  advantage  of 
such  behavior.  Their  term  of  service  should  be  short- 
ened; they  should  be  furnished  with  a  certificate  of  go^d 
behavior  by  the  warden,  on  leaving  the  institution,  and 
acquire  again  the  rights  of  citizenship.*  In  addition  to 
this,  the  prisoner  should  have  his  work  allotted  him, 
and  all  he  earned  over  the  actual  expenses  of  his  impris- 
onment should  be  given  for  the  support  of  his  family,f 

*  All  this  is  provided  for  in  the  new  bill  for  the  Ohio  Penitentiary,  to 
which  we  have  before  alluded.  This  is  truly  Christian,  and  will  have  a 
salutary  effect. 

t  Says  Prof.  Stowe,  in  his  Report  on  Education  in  Prussia,  of  the  pro- 
vision made  for  the  children  of  criminals  : — "  When  T  was  in  Berlin  I 
went  into  the  public  prison,  and  visited  every  part  of  the  establishment. 
At  last  I  was  introduced  to  a  very  large  hall,  which  was  full  of  children, 


,  THE   JAIL   AND   THE    PENITENTIARY.  287 

who  were  deprived  of  his  assistance  by  his  imprisonment  j 
or,  if  he  had  no  family,  it  should  be  paid  to  himself  on 
leaving  the  prison,  that  he  might  have  the  means  of 
support  till  he  could  find  employment. 

The  State  prison  convict  has  little  enough,  at  best,  to 
encourage  him,  as  he  toils  in  his  dismal  confinement. 
To  know  that  he  is  laboring  for  his  wife  and  children, 
whom  his  wickedness  has  made  to  suffer,  would  fill  his 
heart  with  gratitude ;  and  to  feel  that  when  his  term  of 
imprisonment  expired,  he  would  be  restored  to  citizen- 
ship and  would  possess  something  which  his  own  hands 
had  earned,  to  support  him  while  he  sought  in  the  cold 
and  unforgiving  world  for  an  honest  livelihood,  would 
cheer  him  in  his  gloom,  and  encourage  him  to  strive  for 
that  reputation  which  he  had  sacrificed  by  the  perpetra- 
tion of  crime.  The  influence  of  such  encouragement 
could  not  but  prove  beneficial  to  all  who  might  be  exer- 
cised by  it. 

4.  Reform  is  needed  in  the  treatment  which  the  puhlic 
generally  bestows  on  discharged  convicts.  No  matter  how 
pure  his  desires  and  sincere  his  resolves  to  amend  his 
life,  on  his  return  to  the  world,  he  is  met  with  so  much 
coldness  and  distrust  on  every  hand,  and  he  finds  it  so 
difficult  everywhere  he  is  known,  to  obtain  employment 
in  consequence  of  this  state  of  feeling,  that  he  not  unfre- 
quently  becomes  enraged  against  society;  and  for  the. 
double  purpose  of  obtaining  the  means  of  living,  and  to 
avenge  himself  on  those  who  seem  determined  on   his 


with  their  books  and  teachers,  and  having  all  the  appearance  of  a  common 
Prussian  school-room.  '  What,'  said  1, '  is  it  possible  that  all  these  chil- 
dren are  imprisoned  here  for  crime  ?'  '  Oh  no,'  said  my  conductor,  smiling 
at  my  simplicity;  'but  if  a  parent  is  imprisoned  for  crime,  and,  on  that 
account,  his  children  are  left  destitute  of  the  means  of  education,  and 
liable  to  grow  up  in  ignorance  and  crime,  the  government  has  them  taken 
here,  and  maintained  and  educated  for  useful  employment.'  The  thought 
brought  tears  to  my  eyes." 


288  THE   JAIL   AND   THE   PENITENTIARY. 

ruin^  he  plunges  again  into  crime,  utterly  regardless  of 
the  consequences. 

A  young  man  in  writing  from  his  cell  in  the  Eastern 
Penitentiary  in  Pennsylvania,  to  his  sister,  speaks  in  the 
following  confident  language:  "I  am  resolved  in  my  soul 
never  again  to  be  guilty  of  crime.  Much  have  I  reflected 
on  my  course  since  I  have  been  an  inmate  of  this  cell, 
and  the  kindness  of  my  dear  mother  and  sister,  and  I 
feel  sure  that  I  can  regain  my  good  name.  You  say 
uncle  is  well  disposed  toward  me.  I  am  glad  to  hear  it. 
I  am  young  yet,  and  I  thank  God  that  my  eyes  are  open. 
What  is  there  to  hinder  me  from  not  only  regaining  his 
regard,  but  the  regard  of  all  that  know  me  ?  Nothing. 
I  shall  try  to  do  so  with  all  my  power,  and  those  hearts 
that  have  been  almost  broken  by  my  heedlessness,  will 
heave  for  joy  when  they  see  what  a  diflference  this  will 
make  in  me." 

This  may  have  been  sincere.  At  least,  it  is  the  duty 
of  the  Christian  to  look  upon  such  a  case  with  favor,  and 
confide  in  the  subject  until  he  is  proven  again  to  be  de- 
ceptive. Some  say  that  all  "State  prison  birds"  are 
deeply  dyed  villains — can  never  be  anything  else ;  and, 
therefore,  should  never  be  harbored  by  any  decent 
family.  But  what  a  mistake — and  how  unchristian,  nay, 
inhuman  the  declaration.  Thousands  have  been  re- 
claimed. I  know  a  man  in  my  native  State,  who  was 
guilty  of  robbery  to  a  large  amount.  He  served  out  his 
term  in  the  State  prison,  and  for  more  than  thirty  years 
has  been  an  honest,  upright  Christian — good  father, 
husband  and  citizen — in  possession  of  a  fine  farm,  and 
is  as  much  respected  as  any  man  in  the  neighborhood. 

Says  a  gentleman*  of  Boston,  who,  for  the  last  twelve 

*  Rev.  Charles  Spear,  IJniversalist  clergyman.  He  publishes  a  valua- 
ble monthly  in  Boston,  called  the  Prisoner's  Friend,  which  is  patron- 


TH£   JAIL    AND   THE   PENITENTIARY.  289 

years,  has  made  it  his  chief  labor  to  find  good  homes  for 
discharged  convicts:  "I  could  give  hundreds  of  cases 
where  the  criminal  has  been  restored  to  society  and  the 
confidence  of  his  fellow-men.  This  whole  movement  is 
one  of  the  most  sublime  charity.  Heaven  must  smile 
on  the  efforts  of  any  one,  who  in  the  smallest  degree 
shows  kindness,  and  contributes  toward  the  saving  of 
the  erring  and  the  fallen." 

Suppose,  now,  that  the  young  man  who  penned  the 
excellent  resolves  mentioned  above,  on  returning  to 
society,  should  be  met  only  with  coldness,  distrust, 
sneers  and  curses;  would  not  such  treatment  be  unchris- 
tian, nay,  positively  cruel?  And  could  its  effects  be 
other  than  injurious  upon  his  soul?  See  how  deplorable 
the  condition  of  such  a  man,  as  described  by  himself: 

"  Though  his  heart  be  as  pure  as  the  dew  of  heaven 
yet  unfallen,  yet  the  gaze  of  suspicion  is  immovably  fixed 
upon  him.  The  very  circle  which  contains  all  his  sym- 
pathies and  his  affections  is  destitute  of  sociality,  of 
pleasure,  and  consolation.  Does  he  ask  forgiveness 
in  charity  for  the  past? — not  a  feeling  bosom  aspirates  a 
pardoning  response.  Does  he  give  an  assurance  of  pro- 
priety in  the  future? — even  that  is  sneered  at  with  im- 
movable disbelief  The  inhuman  deride  him,  and  snicker 
at  his  misfortunes;  the  unfeeling  calumniate  him,  and 
are  not  sparing  in  their  invectives.  He  has  no  hour  of 
peace.  Has  he  a  wife? — she  is  inconstant,  or  despises 
him.  Has  he  children  ? — they  scorn  to  call  him  father. 
Had  he  a  home? — it  is  now  a  lonely  ruin.    God  help  the 

ized  by  humane  gentlemen,  who  always  favor  discharged  convicts,  until 
they  have  reason  to  doubt  their  sincerity.  Through  these  friends  of  Hu- 
manity, by  advertising  in  his  paper,  Mr.  Spear  finds  homes  and  employ- 
ment for  the  blacksmiths, shoemakers,  cabinetmakers,  &c.,  Ac, ot  Charles- 
town  Prison,  against  their  term  of  imprisonment  expires,  which  is  an 
invaluable  favor  to  these  unfortunate  men. 

25 


290  THE   JAIL   AND   THE   PENITENTIARY. 

'  poor  man  wten  affliction  thus  comes  upon  him  ! '     His 
consolation  is  scanty,  his  grief  more  than  plentiful.' 

This  picture  may  be  overdrawn,  but  there  is  much, 
very  much  that  is  true  in  it.  And  is  it  just  or  humane  ? 
Reader,  remember,  '•  It  is  your  Father's  good  pleasure 
that  not  one  of  these  little  ones  should  perish." 

Such  are  our  views  of  the  Prison  and  the  duty  of  the 
State  and  of  every  individual,  toward  the  prisoner.  The 
reader  may  condemn  them;  but  we  are  certain  that  the 
more  he  reflects  upon  them  in  connection  with  the 
Christian  religion,  and  a  true  philosophy,  the  better  will 
he  be  convinced  that  they  have  claims  upon  his  affections 
and  his  influence,  which  he  must  not  disregard.  Oh, 
that  the  great  world  would  awaken  to  a  sense  of  what  is 
really  divine,  and  for  the  good  of  the  human  race !  Why 
distrust  the  power  of  love  ?  Why  be  afraid  to  exercise 
that  charity  which  is  kind,  and  without  which  "  though 
we  give  our  bodies  to  be  burned,"  "we  are  nothing?" 
But  this  shall  not  always  be.  The  human  family  is  fast 
moving  in  the  direction  of  Him  who  went  about  doing 
good,  and  who  was  "kind  to  the  unthankful  and  the 
evil."  All  men  shall  soon  be  embraced  by  the  Chris- 
tian's arms  of  afi'ection. 

"  God  loves  from  whole  to  parts ;  but  human  soul 
Must  rise  from  individual  to  the  whole. 
Self-love  but  serves  the  virtuous  mind  to  wake, 
As  the  small  pebble  stirs  the  peaceful  lake  ; 
The  centre  mov'd,  a  circle  straight  succeeds, 
Another  still,  and  still  another  spreads  ; 
Friend,  parent,  neighbor,  first  it  will  embrace; 
His  country  next — and  next  all  human  race  : 
Wide  and  more  wide,  th'  overflowings  of  the  mind 
Take  every  creature  in,  of  every  kind  : 
Earth  smiles  around,  with  boundless  bounty  blest, 
And  heaven  beholds  its  image  in  his  breast." 


THE    POOR-HOUSE. 


.* 


A  Christian  Mother  and  Children,  perishing  with  cold  and 
starvation,  in  the  great  City,  and  in  the  very  midst  of  the 
extravagance  of  wealth.     Page  297. 


THE    POOR-HOUSE. 


CHAPTER    I. 

PERISHING  ONES. 


Poverty  in  Christian  Lands— England,  France,  Ireland,  Sieotland— iTnited  States- 
London -New  York— Paiiperism  Beggary— Needle  Women  -  Interesting  Incident— 
Death  by  Starvation  in  Philadelphia  and  Cincinnati— Romance  of  a  Shirt  Sulfering 
in  Philadelphia  -Working  Classes  in  Great  Britain -United  States-Many  of  them 
Slaves— Family  Stowage  in  New-York— Inhumanity  of  Christians. 

The  author  of  these  pages  cannot  send  them  forth 
without  offering  a  plea — brief  though  it  is — in  behalf  of 
the  doomed  victims  of  poverty,  that  everywhere  exist, 
especially  in  civilized,  Christian  lands. 

"  The  POOR  ye  have  always."  What  millions  are  scat- 
tered abroad  in  Christendom  !  As  we  look  out  upon  the 
great  world,  how  do  we  behold  them  coming  up  from  the 
dens  and  kennels — the  cellars  and  garrets — the  alleys 
and  lanes  of  great  cities;  and  from  the  jails  and  poor- 
houses,  the  highways  and  by-ways  of  our  earth  ! 

We  contemplate  Europe — England,  France,  Ireland, 
Scotland,  Spain,  Germany,  Russia — and  wherever  we 
turn  our  attention,  what  an  army  of  perishing  creatures, 
in  rags  and  wretchedness,  rise  up  before  us  !  In  Eng- 
land, every  sixteenth  man  is  a  pauper.  In  France, 
nearly. 5, 000, 000  are  beggars  and  paupers.  In  Ireland, 
from  the  Government  report  of  July  3,  1847,  there 
were  3,030,712  who  subsisted  on  public  alms.  In  Scot- 
land, "  thirteen  per  cent  of  the  population  are  paupers 

(203) 


294  PERISHING    ONES. 

and  live  on  the  charities  of  their  fellow-men."  In  Grreat 
Britain  (England,  Ireland  and  Scotland),  an  immense 
number  of  ragged,  starving  creatures,  lie  down  every 
night  on  their  bundle  of  straw,  or  the  damp  earth,  not 
knowing  where  they  may  repose  the  succeeding  night, 
nor  how  to  procure  a  loaf  of  bread  to  prevent  utter  star- 
vation. In  London  alone,  there  are  30,000  professional 
beggars.  The  census  for  1854,  taken  in  that  city  in  the 
night,  shows  over  20,000  destitute  of  a  roof  to  cover 
them.  Fourteen  thousand  were  "sleeping  on  doorsteps, 
in  hay-lofts  and  alleys,  and  under  boxes,  casks  and  carts, 
and  in  barges,  boats  and  other  vessels."  In  Paris  there 
are  40,000  of  the  same  description  of  perishing  ones,  and 
in  all  the  cities  of  Europe  nearly  as  many,  in  ratio  to 
the  population. 

How  vast  the  number  in  Europe,  then,  that  are  thus 
cursed  with  poverty.  What  mind  can  conceive,  or 
tongue  tell,  or  pen  describe,  the  amount  of  mental  and 
physical  suffering  connected  with  it 

When  we  turn  to  a  contemplation  of  our  own  country, 
the  scene  is  less  gloomy  and  sorrowful,  but  bad  enough. 
The  report  for  the  State  of  New- York  in  1855,  shows  the 
county  paupers  in  that  state  to  be  84,934;  town  paupers, 
18,412;  the  number  temporarily  relieved,  159,092; — total 
number  relieved  and  supported,  204,161,  at  an  aggregate 
expense  of  $1,279,959.51.  Taking  New- York  for  a 
basis,  and  our  country  contains  not  less  than  500,000 
paupers.  Beggars,  of  course,  are  not  included  in  this 
estimate.  In  all  our  large  cities  this  class  is  numerous. 
Said  the  "  New- York  Journal  of  Commerce,"  two  years 
ago:  "Those  of  our  city  who  have  good  homes,  and 
habitually  lay  their  heads  upon  comfortable  pillows,  can 
scarcely  believe  that  every  night  hundreds  of  men  and 
women  are  wandering  houseless  about  the  streets  of  this 


€ 

J 


PERISHING    ONES.  295 

great  metropolis,  without  a  place  to  shelter  them.  The 
Chief  of  Police  reports  that  during  six  months  preceding 
last  November,  21,620  persons  were  furnished  with 
lodgings  in  the  various  station  houses  in  our  city.  This 
would  give  us  more  than  43,000  for  the  year.  But 
probably  not  half  of  the  number  destitute  of  homes  were 
found  and  assisted  by  the  police :  so  that  really  there 
were  more  than  100,000  souls  in  this  city  during  the 
year,  destitute  of  a  place  of  repose  for  the  night.  What 
an  amazing  amount  of  misery  is  concentrated  in  this 
single  fact." 

But  the  paupers  and  the  beggars  do  not  constitute 
the  sum  total  of  the  poor.  Would  to  God  they  did. 
The  great  mass  of  the  poor  are  those  who  are  struggling 
by  toil,  privation,  and  even  in  destitution,  to  get  bread 
and  clothing  for  themselves  and  children,  and  a  place  to 
shelter  them  from  the  cold  and  the  storm,  without  begging^ 
or  calling  upon  the  public  authorities  for  aid.  Oh,  my 
God!  How  many  thousands  exist  everywhere  in  Chris- 
tendom, of  this  description !  I  see  them  now,  in  the 
city — the  village — the  country.  I  see  them  living — 
suffering  in  garrets  and  cellars — and  pent-up  rooms — 
with  no  ventilation ;  damp,  filthy,  destructive  to  health 
and  happiness.  I  see  the  widow  and  the  orphan — and 
the  honest  poor  man,  with  a  large  family — weak  and 
sickly  himself  from  long  and  constant  toil  to  furnish 
bread  and  clothing  for  his  dear  ones.  I  behold  them  all 
in  poverty ;  at  times  positively  suffering  for  the  want  of 
bread  and  fuel ;  and  yet  toiling  on  and  on,  from  week  to 
week,  year  in  and  year  out,  perhaps  without  a  murmur, 
and  yet  with  no  hope  of  relief. 

Cincinnati  contains  more  than  6000  females,  who  earn 
a  scanty  subsistence  with  the  needle  by  working  from 
fourteen    to    seventeen  hours   per  day.     The  youthful, 


296  PERISHING     ONES. 

already  broken  down  with  intense  toil,  and  tlie  aged, 
with  wrinkled  brow  and  tottering  steps  and  husky  voice, 
are  among  the  number.  Some  of  them  once  lived  in 
affluence.  But  their  riches  have  taken  wings  and  flown, 
and  the  husband  and  the  children  have  passed  to  "  the 
land  of  rest."  We  met  one  of  this  description  a  few 
days  since  in  a  grocery,  where  she  was  purchasing  her 
half-pound  of  sugar  and  a  very  little  flour  and  tea.  She 
was  "in  mourning."  For  long  years  had  she  worn  the 
same  faded  bonnet  and  little  black  shawl  —  for  long 
years  had  passed  since  the  last  dear  son  had  been  claimed 
by  the  destroying  scourge  as  it  passed  through  the  land. 
A  lonely  widow  is  she  now,  "  with  no  kin  in  the  country." 
She  had  rented  a  room  in  the  fourth  story  of  a  building 
situated  ten  squares,  or  a  mile  and  a  half  from  the  shop 
of  her  employer,  who  keeps  a  clothing  establishment 
For  this  man  she  manufactures  vests  at  20  cents  each. 

"  Eight  a  week,  by  working  very  late  of  nights,"  said 
she,  "is  the  best  I  can  do.  That  gives  me  $1.60,  out  of 
which  I  have  to  pay  one  dollar  a  week  for  my  rent  and 
fuel ;  which  leaves  me  only  60  cents  for  bread  and  clothes. 
Oh,  sir,  sometimes  I  feel  that  I  cannot  hold  out  much 
longer.*  I  am  now  seventy-one  years  of  age,  and  have  to 
get  up  and  down  the  stairs  four  stories^  which  is  very 
wearisome,  sir !" 

She  had  upon  her  arm  her  eight  vests,  which  her  toil 
had  finished,  and  she  continued : 

"  Do  you  not  think   my  employer  very  hard,  sir?     I 

*  How  much  sympathy  should  be  shown  this  class  of  virtuous  and  in- 
dustrious persons — aged  and  infirm  widows.  The  late  Mr.  Graham,  of 
Brooklyn,  New-York,  has  established  on  a  scale  of  princely  munificence, 
a  spacious  Public  Hospital,  now  nearly  completed,  on  Raymond  street:  and 
an  asylum,  four  or  five  blocks  of f,  for  Poor  Aged  Women!  Beautiful 
deed  I  What  monuments  must  such  works  as  these  be,  so  far  beyond  col- 
amns  of  brass,  or  statues  of  marble,  or  even  Ugacies  to  the  Board  of 
Foreign  Mifnon*, 


PERISHING     ONES.  297 

have  been  all  the  way  to  his  store  on  this  hot  day,  to 
take  these  vests,  and  he  refused  to  receive  them  and  pay 
me  for  them,  because  I  was  one  day  he/ore  my  time.  I 
must  go  again  to-morrow,  which  will  require  half  the 
day,  besides  climbing  the  stairs.  Indeed,  sir,  it  is  very 
hard.  I  fear  I  shall  not  hold  out  much  longer.  God 
knows  what  will  become  of  me  when  that  time  arrives.  I 
cannot  beg — and  how  can  I  go  to  the  poor-house  !  But 
I  must  not  repine.  Grod  is  my  shepherd  and  I  shall  not 
want." 

Ah,  me !  a  man  feels  to  weep  when  he  listens  to  such 
tales,  and  knows  them  to  be  true,  though  it  is  not  his 
mother  who  thus  toils  and  suffers.  An  aged  woman  of 
this  description  literally  starved  to  death  in  the  city  of 
Philadelphia,  in  the  winter  of  1842,  for  the  want  of  the 
means  of  procuring  bread.  These  M^ords  were  found 
upon  her  table :  "  /  cannot  steal,  and  to  keg  I  am  ashamed. ^^ 
During  the  same  week  the  following  appeared  in  one  of 
the  daily  papers-f^  of  Cincinnati : — 

A  Case  of  Starvation. — Night  before  last  about  9 
o'clock,  as  J.  H.  Singer,  a  shoe  dealer  on  Fifth  street, 
was  passing  along  Water  street,  near  Vine,  his  attention 
was  attracted  to  a  little  girl  not  over  eight  years  of  age, 
who  just  then  issued  from  an  old  desolate-looking  frame 
house,  crying  piteously.  The  forlorn  appearance  of  the 
child,  together  with  the  real  anguish  which  seemed  to 
weigh  upon  her  so  heavily,  induced  Mr.  S.  to  approach 
and  enquire  the  cause  of  her  tears.  She  started  with 
evident  fear  at  the  sound  of  his  voice,  but  in  a  moment 
perceiving  he  was  a  stranger,  besought  him  to  give  her 
fpur  cents  to  buy  a  loaf  of  bread.  "  0,  pray  do,  sir," 
said  the  poor  child,  "  mother  is  sick  and  so  hungry,"  and 

*  Crncinnati  Daily  Times. 


298  PERISHING     ONES.  va.'  * 


♦ 


again  her  tears  fell.     Where   is  your  mother?  enquired 
Mr.  S.,  who  felt  the  full  force  of  this  appeal. 

"Here,  here,  come,  I  will  show  you,"  cried  the  child. 
Mr.  S.  did  as  desired,  and  after  traversing  a  filthy  pas- 
sage and  descending  a  broken  stairway,  looked  upon  one 
of  the  most  harrowing  scenes  of  human  misery,  such  as 
would  have  softened  with  pity  the  hardest  heart.  The 
apartment  was  part  of  a  dark,  damp  cellar,  without  a 
spark  of  fire,  and  bare  of  the  most  trifling  article  con- 
ducive to  comfort — not  a  chair,  table,  or  indeed  anything 
save  an  old  trunk  and  mattress  lying  in  the  middle  of 
the  floor,  could  be  seen  to  denote  the  abode  of  any  living 
being. 

On  the  mattress,  however,  lay  the  form  of  a  woman 
about  25  years  of  age,  reduced  almost  to  a  skeleton.  At 
first  sight  Mr.  S.  thought  her  dead,  but  on  observing  her 
more  closely  he  ^discovered  she  was  still  alive,  though 
unable  to  move  hand  or  foot.  Directing  the  girl  to  re- 
main where  she  was  for  a  few  minutes,  he  went  out  and 
purchased  a  small  bottle  of  cordial  and  some  little  arti- 
cles of  food,  with  which  he  immediately  returned  to  the 
wretched  habitation.  Mixing  a  portion  of  the  cordial 
with  water,  he  applied  it  to  the  unfortunate  woman's 
lips,  but  for  some  moments  without  effect.  At  length, 
however,  she  opened  her  eyes,  and  with  evidently  a  pain- 
ful eff'ort,  faintly  articulated  the  word  "  bread."  Mr.  S. 
gave  it  to  her  at  first  in  very  small  pieces  dipped  in  the 
cordial.  Soon,  under  this  kind  treutment,  she  began  to 
regain  a  little  strength,  and  finally,  in  about  three  hours 
after  the  little  girl's  aff'ecting  supplication  for  her  parent, 
she  was  able  to  converse  and  move  her  limbs. 

She  proved  to  be  a  widow,  whom  poverty  and  ill-health 
had  reduced  to  this  sad  extremity.  "  It  was  so  hard  to 
ask  for  assistance,"  she  said.     And  when  the  truth  was 


l»ERISHINa     ONES.'  299 

known,  it  was  ascertained  that  she  had  stinted  herself  to 
feed  her  children,  till  death  was  about  to  relieve  her  of 
her  sufferings ! 

And  all  this  in  the  very  midst  of  abundance,  wealth, 
luxury,  and  a  hundred  Christian  Churches,  whose  spires 
pierce  the  clouds. 

These  are  isolated  cases,  we  know.  But  few  literally 
starve  for  the  want  of  bread;  but,  oh,  God!  how  many 
suffer!  How  many  perish  inch  by  inch,  as  the  heart's 
blood  oozes  out  drop  by  drop  !  How  many  are  doomed 
to  toil  all  their  days,  and  at  last  cry  out  to  the  cold,  un- 
feeling world,  "Give  me  bread — Oh,  give  me  bread,  or  I 
die!"  In  every  great  city  of  our  beloved  country  and 
of  the  world,  thousands  of  this  description  can  be  found: 
notwithstanding  the  profusion  of  wealth  and  professions 
of  humanity  and  Christian  charity  which  everywhere 
abound.     Behold  a  scene,  as  painted  by  another  :^ 

"Look  yonder!  Is  it  not  a  magnificent  festival  that 
flashes  along  the  wide  hall,  with  its  pillars,  its  draperies, 
its  columns  1  Ah!  it  is  a  gay  scene  !  Elegantly  dressed 
men  and  beautiful  women  swaying  gently  along  the 
bounding  floor,  while  the  music  of  a  full  band  bursts 
upon  your  ears.  This  world  is  not  so  bad,  after  all. 
Who  talks  of  misery  and  rags  in  Philadelphia,  while 
these  rich  wines  flow,  these  satins  glisten,  and  these  jew- 
els flash  from  panting  bosoms  ? 

"  But  hold ;  let  me  tell  you  a  romance  connected  with 
this  ball-room:  yes,  a  romance  of  a  shirt:  and,  mark  ye, 
those  who  may  laugh  at  the  title  of  this  romance  may 
pray  God  to  forgive  them  for  it,  ere  I  have  done. 

'Let  me  tell  you,  then,  the  Bomance  of  a  Shirt.  Yes, 
that  elegant  shirt,  clothing  the  bosom  of  yonder  gay, 
good-humored  man — his  pleasant  face  grows   pleasanter 


From  the  writings  of  George  Lippaxd,  Philadelphia. 


300  PERISHING    ONES. 

with  genial  cliampagne — in  the  ball-room :  let  me  tell 
you  the  Romance  of  this  Shirt.  You  smile :  it  is 
indeed  a  laughable  thing — to  look  upon  that  Shirt  and 
remember  that  every  stitch  has  been  drenched  with  a 
widow's  tears — every  thread  along  its  carefully  wrought 
surface  has  been  baptized  with  the  sighs  of  a  breaking 
heart:  that  candle,  held  in  the  skeleton  hand  of  Poverty, 
has  lighted  the  White  Slave  and  shone  on  her  hot  eye- 
balls, as  she  listened  to  the  moans  of  a  child  for  bread, 
and  worked  on,  at  the  Shirt,  sixteen  weary  hours ;  and 
all  for — just  enough  to  '  keep  body  and  soul  together.'' 

"  Come  with  me  now  through  this  spacious  street, 
flashing  with  a  thousand  lights ;  the  Theatre  glaring 
here,  and  the  Kum  Palace  there :  let  us  at  once  dive  into 
the  recesses  of  yonder  darkened  court. 

"  Into  this  old  house,  with  rags  and  straw  stuffed  in 
the  window  panes — up  the  dark  stairs,  that  creak  be- 
neath our  tread — into  this  lonely  room. 

"  Ah!  there  is  not  much  of  romance  in  this  scene. 

"  A  lonely  woman,  clad  in  faded  attire,  sitting  there  by 
a  flaring  light,  working  away,  with  hot  eyeballs  and  fe- 
verish hands,  at  the  very  Shirt  which  you  have  seen  in 
yonder   ball-room! 

"  Thus  she  has  toiled  for  twelve  long  hours :  and  now, 
while  her  orphan  children  are  lying  there,  moaning  in 
their  hungry  sleep,  there  sits  the  mother,  without  bread 
or  fire,  toiling  on  with  hot  eyeballs  and  trembling  fin- 
gers— toiling  on  all  day  and  all  the  night  for  this  tre- 
mendous sum — a  single  Eleven-penny  bit  !  Twelve 
and  a  half  cents  for  one  long  winter's  day  of  hunger, 
toil,  and  cold — laughable,  is  it  not? 

"  And  that  flaring  light  glares  in  her  face — shows  the 
shrunken  outlines — the  eyes  unnaturally  large  and  dark 
— the  under  lip   quivering,  and  quivering,  as  the  poor 


PERISHING    ONES.  POJ 

Widow  tries  tO  ohoke  down  the  deep  agony  niounting  to 
her  throat. 

"  This  faded  woman  once  dwelt  amid  scenes  of  com- 
fort—luxury. She  never  dreamed  that  the  lot  of  the 
poor  Child  of  Toil  would  be  hers;  never  for  a  moment 
thought  that  the  splendid  mansion  would  dwindle  into 
a  dark,  cold  room;  the  dazzling  chandelier  into  this 
flickering  candle;  the  light  of  a  husband's  smile  into 
this  gloom  of  hopeless  toil ;  the  warm,  happy  forms  of 
childhood  into  those  starved  and  ragged  things  in  yonder 
corner! — The  husband  died  suddenly;  his  estate  was  in- 
solvent: and  now  the  story  is  clear.  What  claim  has  the 
widow  on  the  tenderness  of  society?  Poor — she  must 
toil,  and  toil  for  the  task-master,  who  chooses  to  reap  hig 
profit — that  is  the  word— from  the  loss  of  her  health,  the 
nakedness  of  her  children. 

<' An  isolated  case?  Cherish  the  idea,  if  it  saves  you 
the  expense  of  a  blush.  But  still  the  fact  festers  on  the 
forehead  of  your  barbarous  city  civilization.  There  are 
at  hast  Ten  Thousand  poor  and  virtuous  women  in  Philadel- 
phia^ who^  suddenly  impoverished  hy  the  death  of  a  hushandy 
a  father ^  or  a  brother,  are  forced  to  toil  at  various  occupa- 
tions for  just  such  a  pittance  as  '  WILL  keep  body  and 

SOUL   TOGETHER  !' 

<'  Beautiful  lady,  darling  of  Chestnut  street,  now  float- 
ing in  the  dance  in  yonder  ball-room,  can  you  tell  me 
how  much  agony  was  woven  up  with  the  threads  of  that 
splendid  robe  which  envelops  your  voluptuous  form  ? 

"Wear  it;  and  while  your  bosom  pants  beneath  it, 
forget  if  you  can  your  Slave  Sister,  who  toiled  sixteen 
hours  a  day  on  this  very  dress,  and  now,  wljU§  you 
bound  in  the  dance,  clutches  the  pittance  in  her  con- 
sumptive hand,  and  goes  to  her  crust — to  her  sic|f  piQthr 
er-— to  her  desolate  home. 


302  PERISHING    ONES. 

"  Laugh,  my  gay  beauty:  it  will  show  the  ivory  white- 
ness of  your  teeth :  but  remember — a  whisper  in  your 
ear — to-night  your  father  is  stricken  with  an  apoplectic 
fit — his  wealth  wrecked  in  hopeless  insolvency — and  to- 
morrow you  must  become  the  White  Slave,  make  shirts 
for  twelve  and  a  half  cents,  vests  for  a  quarter  of  a  dol- 
lar, dresses  like  the  one  you  now  wear  for  just  enough 
to  buy  your  bread,  or 

"  Shall  I  picture  the  alternative  ?  There  is  a  great 
deal  of  luxury  to  be  had  in  this  large  city  for  the  mere 
sacrifice  of  a  woman's  virtue." 

High  wrought  as  is  this  description,  those  who  know 
best  affirm  that  it  is  not  fkr  from  the  truth.  All  over 
the  world,  the  same  classes  are  to  be  found.  In  New- 
York,  Boston,  New-Orleans,  London,  Paris,  "their  name 
is  legion."  With  the  other  sex  the  same  condition  pre- 
vails. The  census  of  London  for  1855  shows  that  there 
are  in  that  city  "  20,000  journeyman  tailors,  of  whom 
14,000  earn  a  miserable  existence  by  working  14  hours 
a  day,  at  twenty  cents,  including  Sunday.  There  are  also 
in  the  same  city,  30,000  sewing  women,  who,  on  an 
average,  make  only  5Jd,  or  9  cents  a  day,  by  working  14 
hours — not  quite  three-fourths  of  a  cent  per  hour." 
Throughout  Great  Britain,  France  and,  indeed,  nearly 
all  Europe,  the  same  condition  prevails  among  the  labor- 
ing classes.  They  are  simply  slaves.  In  the  collieries 
and  workshops  of  England,  men  toil  for  a  mere  pittance, 
half  clad,  living  upon  the  most  wretched  fare ;  while  in 
the  factories  their  condition  is  no  better,  but  more 
dreadful.  Six  pence  or  a  shilling  a  day  is  the  extent  of 
■Jt^  a  man's  earnings.  The  consequence  is,  that  if  he  has  a 
wife  and  children,  all  must  go  into  the  factory,  in  order 
to  obtain  the  means  of  subsistence.     "  Thousands  of  lit- 


PERISHING    ONES.  303 

tie  children  not  over  six  years  of  age,  from  the  very  pov- 
erty of  their  parents,  who  have  been  employed  from 
infancy  in  the  same  trade,  are  obliged  to  enter  these 
places  of  toil,  and  there  delve  from  twelve  to  sixteen 
hours  per  day,  or  die  with  starvation.  Indeed,  these 
factories  are  the  homes  of  vast  numbers  of  the  suffering 
poor  in  England.  Half  starved,  and  half  clad,  they  toil 
through  the  day,  and  rest  their  weary  bodies  at  night 
upon  their  chairs  or  stools,  or  lie  down  wherever  they 
chance  to  be,  upon  the  hard,  bare  floor." 


"  Work — work — work  I 
From  weary  chime  to  chime  ; 

Work — work — work  ! 
As  prisoners  work,  for  crime  ! 
And  what  its   wages'?     A  bed  of  straw, 
A  crust  of  bread  and  rags^ 


This  is  the  condition  of  more  than  50,000,000  of  our 
fellow  creatures  in  Christian  Europe.  No  wonder  they 
look  to  America,  the  Land  of  Promise,  for  "  rest  and  a 
competence." 

But  even  here,  as  we  have  seen.  Poverty  stalks  abroad 
all  over  the  land.  "  The  destruction  of  the  poor  is — 
their  poverty."  They  are  ignorant,  not  from  choice  but 
from  necessity.  They  are  the  "  hewers  of  wood  and 
drawers  of  water."  Men  of  mind  and  energy  use  them 
as  tools,  and  out  of  their  sweat  and  sinews  coin  gold — 
the  American  god.  Their  toil  furnishes  the  luxuries  of 
the  rich  man's  table,  and  builds  charming  mansions  for 
rich  men's  families — while  they  and  theirs  subsist  on  the 
coarsest   food,  and  are  huddled  together  in   miserable 


1^  PERISHINQ    mm- 

dens,*  comfortless  and  squalid,  which  they  rent  at  ex- 
travagant prices  from  their  rich  employers.  Such  is  the 
condition  of  the  world — and  our  own  blessed  country  is 
not  exempt. 


*  A  recent  official  investigation  into  the  occupation  of  what  are 
known  as  "  tenement  houses "  in  New-York,  has  resulted  in  showing 
( not  for  the  first  time )  a  most  prolific  cause  of  crime  and  degradation. 
In  many  cases  five-story  houses  were  found  to  contain  from  twenty  to 
thirty  families — mostly  of  a  low  order  and  filthy  habits.  In  one  of  the 
wards  one  hundred  and  twenty-one  tenement  houses  were  found  to  con- 
tain two  thousand  two  hundred  and  thirty -seven  families,  or  eighteen  and 
a  half  families  to  each  house,  and  in  many  of  the  houses  a  portion  of  the 
ground  floor  is  used  for  a  shop.  In  one  house  one  hundred  and  twelve 
families  were  found ! 


CHAPTER    II. 

JESUS    AND    THE    POOR. 

The  Life  and  Spirit  of  Christ— His  Humility— Design  of  Christianity-Christ  nnfelt 
in  the  Church— Christianity  provides  for  the  Wants  of  the  Body,  as  well  as  the  Wants 
of  the  Soul— Christians  neglect  Poor  Men's  Bodies  in  their  Attention  to  the  Soul— 
Catholic  Church— Its  Neglect  of  the  Poor-A  Farce. 

In  tlie  preceding  chapter  we  have  presented  a  bird's- 
eye  view  of  the  condition  of  the  perishing  classes  in 
Christendom,  where  Churches  dedicated  to  Him  who 
"came  to  preach  the  Grospel  to  the  poor,"  are  in  every 
hamlet  and  upon  every  hillside; — where  ministers  of 
this  same  Gospel  are  as  numberless  as  the  stars  of  heaven 
— where  Bibles  and  prayer  books  can  be  had  for  nothing, 
and  a  cart  load  of  tracts  thrown  in — and  where  $10,000,- 
000  can  be  spared  annually  to  send  the  Gospel  to  the 
heathen,  while  in  Christian  lands  there  are  50,000,000 
of  God's  children,  who  cannot  read  his  word,  and  are 
pleading  with  hearts  of  anguish,  not  for  wealth,  nor  even 
comfort,  but  for  bread  to  prevent  starvation,  and  for  rags 
to  cover  their  nakedness. 

Cannot  this  condition  of  things  be  bettered? 

Certainly.  There  is  no  difficulty  in  the  way,  if  we 
would  only  be  Christians. 

But  how? 

By  paying  our  working  classes  better; — by  making 

laws  for  the  improvement  of  the  homes  of  the  poor,  and 

doing  more  for  their  education ; — by  taking  away  from 

work  its  curse  of  shame,  and  by  looking  more  after  the 

26  (305) 


306  JESUS    AND    THE    POOR. 

affairs  of  the  millions  of  "  little  ones  and  weak"  who 
have  no  eyes  to  look  for  themselves. 

All  this  can  be  done ;  and  we  repeat,  it  would  be 
done,  and  done  very  speedily,  if  all  those  who  profess  to 
be  the  followers  of  Christ,  but  possessed  his  spirit  and 
practiced  his  doctrines. 

To  know  what  Christianity  was,  and  what  it  required 
when  Jesus  lived  and  labored  on  earth,  and  what  it 
should  he  in  the  nineteenth  century,  we  should  look  to 
Him — his  life,  spirit,  teachings  and  acts. 

And  what  was  the  life  and  spirit  of  Christ?  All  have 
read  the  lives  of  the  great  and  renowned — a  Caesar,  an 
Alexander,  a  Napoleon — but  what  was  the  life  and  spirit 
of  Jesus. 

Did  he  seek  wealth  or  fame?  Was  he  led  by  worldly 
ambition,  and  did  he  study  to  secure  the  favor  of  the 
great  and  influential  ?  Did  he  repose  in  the  luxury  of 
rich  men's  palaces,  or  pass  his  days  in  idleness  and  sen- 
suality? Oh,  no!  Never!  He  dwelt  rather  in  the 
hovels  of  the  poor,  and  the  dens  of  misery.  The  weak, 
the  ignorant,  the  widow  and  the  fatherless,  the  mourning 
and  suffering,  shared  his  attention  as  he  went  about  do- 
ing good,  ever  intent  upon  the  great  object  of  his  mis- 
sion, to  comfort  and  bless  the  poor,  the  unfortunate,  the 
ignorant  and  the  suffering. 

Behold  Him  in  his  humility — his  love — his  wisdom. 
He  wears  no  silk,  or  purple,  or  glittering  diadem.  A 
coarse  robe  falls  from  his  shoulders,  and  his  feet  are 
shod  with  worn  and  tattered  and  dusty  sandals.  He  is  all 
humility  ;  and  it  is  the  humility  of  love  and  wisdom. 

See  him  as  he  wends  his  way  along  the  highways,  and 
through  the  valleys  of  Gralilee,  on  his  errand  of  mercy  to 
the  poor  and  the  afflicted.  Behold  him  at  the  pool  of 
Bethsaida,  amidst  the  sick  and  lame  and  dying;  at  the 


JESUS    AND    THE   POOR.  307 

grave  of  Lazarus,  weeping  with  the  afflicted  ;  ia  the 
poor  widow's  hut,  sharing  her  scanty  crust  with  orphans, 
and  breathing  words  of  encouragement  into  their  ears. 
Everywhere  and  always  he  is  the  same  kind,  compassion- 
ate and  benevolent  Being,  toiling  and  suffering  to  im- 
prove and  bless  the  little  ones  and  the  weak  of  the  hu- 
man race.  Oh,  yes!  He  was  consecrated  by  the  Father 
for  this  very  purpose.  Hear  him  exclaiming  to  the 
proud  Pharisees  in  the  midst  of  the  splendor  and  beauty 
of  a  sumptuous  synagogue — "  The  spirit  of  the  Lord  is 
upon  me,  for  he  hath  anointed  me  to  preach  the  Grospel 
to  the  poor.  He  hath  sent  me  to  heal  the  broken-heart- 
ed, to  preach  deliverance  to  the  captive,  recovering  of 
sight  to  the  blind,  to  set  at  liberty  them  that  are  bruised, 
and  to  preach  the  acceptable  year  of  the  Lord."  Here 
we  behold  the  design  of  Christianity.  Jesus  was  conse- 
crated, not  to  distract  men  with  cold  formulas,  or  fright- 
en them  with  awful  declarations  of  Grod's  wrath,  or  tor- 
ment them  with  the  mysteries  of  subtile  creeds,  or  save 
their  souls  from  some  dreadful  doom  in  the  world  of 
spirits  ;  but  to  raise  up  and  encourage  the  oppressed,  to 
strengthen  the  weak,  to  bless  the  poor,  heal  the  broken- 
hearted, and  give  all  a  hope  of  a  happy  immortality ;  in 
a  word,  to  show  sympathy  for^  and  render  assistance  to  the 
very  classes  that  needed  assistance  and  coidd  obtain  it  from 
no  other  source. 

And  how  constantly  and  faithfully  was  he  devoted  to 
the  heavenly  mission  entrusted  to  his  care.  I  see  the 
blind  beggar,  covered  with  rags — the  maniac,  foaming 
with  madness — the  sick,  sinful,  and  the  victims  of  out- 
rage and  wrong,  all  pressing  around  him  with  hope  and 
joy  ;  and  as  he  lays  his  hands  upon  them  and  exerts  his 
heaven-derived  power  in  their  behalf,  what  a  thrill  of 
joy  runs  from  heart  to  heart,  and  how  are   the  souls  of 


308  JESUS   AND   THE   POOR. 

the  once  doomed  and  despairing  overflowing  with  grati- 
tude and  peace ! 

This  was  the  Christianity  of  Christ — the  blessed  Son 
of  Grod — the  Savior  of  the  world.  It  should  be  the  Chris- 
tianity of  our  day.  But,  alas !  how  little  do  we  see  of 
Jesus  in  the  Christian  world — or  Church,  after  a  lapse 
of  eighteen  centuries!  Where  is  the  spirit — where  the 
example  of  Christ?  Fellow  Christian, •!  put  this  ques- 
tion to  you.  The  poor,  the  unfortunate,  are  still  with 
us;  but  is  Jesus  with  us?  Do  we  cultivate  a  desire  to 
visit  the  abodes  of  squallor  and  wretchedness  ?  Do  we 
say,  "  Come,  our  Master  has  taught  us  by  his  own  spirit 
and  example  to  go  out  into  the  by-ways  and  alleys  of  our 
city,  and  seek  for  the  kennels  where  starvation,  leprosy, 
and  rags  are  mingled,  and  where  the  bitterness  of  despair 
is  experienced  ?  Let  us  go  and  do  them  good."  Nay, 
nay !  But  we  are  ashamed  of  the  very  classes  whom 
Christ  delighted  to  bless,  and  has  instructed  us  to  assist. 
Behold  the  rich,  the  most  fashionable  and  the  most  in- 
fluential portion  of  the  Christian  Church,  looking  down 
with  contempt  on  the  poor  and  suffering.  Some  are  pos- 
itively mad  with  vexation,  when  called  from  the  luxury 
of  a  divan  in  a  sumptuous  parlor,  to  listen  at  the  kitchen 
door  to  the  tale  of  some  poor  widow  whose  orphan  chil- 
dren are  starving  for  bread.  They  "  wonder  what  these 
straggling  wretches  were  made  for,"  and  why  they  are 
permitted  to  "disturb  respectable  folks  in  their  houses." 
If  the  Lord  Jesus  himself  were  on  earth,  clad  in  his 
coarse  raiment,  with  feet  torn  by  the  road-side  flint,  and 
hair  matted  with  the  dews  and  rains  of  heaven,  and  the 
dust  from  rich  men's  chariots,  he  would  be  driven  from 
the  dwellings  and  the  Churches  of  these  fashionable 
Christians — and  perhaps  shut  up  in  the  poor-house  or 
jail,  with  felons. 


JESUS  AND  THE  POOR.  309 

The  doctrine  of  Christ  is  in  perfect  harmony  with  his 
spirit  and  acts.     He  taught  that  God  is    the  common 
Father  of  the  human  race.    "  Have  we  not  all  one  Father, 
hath  not  one  God  created  us?"     This  interesting  ques- 
tion, asked  by  one  of  the  ancient  servants  of  God,  was 
answered  in  the  affirmative  by  Jesus.    All,  therefore,  are 
children    of  the    same    Father — members    of  the   same 
household — brethren.     Here  is  the  great  central  prin- 
ciple of  the  Christian  religion.     It  should   cement  the 
whole  family  of  man  in  one  holy  bond  of  sympathy  and 
interest.     We  are  brethren   and  sisters;  all   subjects  of 
the  same  infirmities,  governed  by   the   same  laws,  liable 
to  the  same  afflictions,  and   destined  to  the  same  immor- 
tality.    Should  there  not  be  union,  sympathy  and   mu- 
tual aid  among  the  members  of  this  household?     Will 
the  brother  who   has  an   abundance,  stand   unmoved  at 
the  poverty  and  suffering  of  some  weakly-born  or  igno- 
rant member  of  his   Father's  household?     That  would 
be  unnatural — inhuman.     The  strong  must  provide  for 
and  protect  the  weak.     God  works  by  means ;  and  here 
is  the  means  he  has  instituted  to  secure  the  preservation 
of  those  who,  through  sickness  or  weakness  or  misfor- 
tune, cannot  take   care  of  themselves.     Everywhere  in 
the  inspired  word  has  he  plainly  enforced   this   duty. 
"  The  rich  and  the  poor  dwell  together,  and  the  Lord  is 
the  Maker  of  them  all."     We  are  "one  body  of  many 
members,"  of  whom  Christ  is  the  head.     "  Whoso  hath 
this  world's  goods,  and  seeth  his  brother  have  need,  and 
shutteth  up  his  bowels  of  compassion,  how  dwelleth  the 
love  of  God  in  him?     My  little  children,  let  us  not  love 
in   word   and    in    tongue,   hut  in    deed  and  in   truth T^^ 
Again:    "What  doth  it  profit,  my  brethren,  though  a 
man  say  he  hath  faith,  and  have  not  works  ?     Can   faith 

*  1  John,  3  :  17.  •  ■ 


310  JKSUS    AND    THE    POOR. 

save  him?  If  a  brother  or  sister  be  naked  and  destitute 
of  daily  food,  and  one  of  you  say  unto  them,  Depart  in 
peace,  be  ye  warmed  and  filled,  notwithstanding  ye  give 
them  not  those  things  which  are  needful  to  the  body, 
what  doth  it  profit?"* 

From  all  this,  it  is  clear  that  Christianity  demands 
the  physical  comfort,  as  well  as  spiritual  good,  of  those 
for  whom  it  was  designed.  It  would  "  provide  things 
needful  for  the  body,''  as  well  as  look  after  the  wants  of 
the  soul.  How  can  men  and  women,  whose  bodies  are 
actually  perishing  with  cold  and  hunger,  give  proper 
heed  to  the  aspirations  of  religion?  And  yet,  our  doe- 
tors  of  divinity,  our  clergymen,  and  the  Church  every- 
where, are  praying  day  and  night,  and  laboring  with  the 
utmost  diligence  for  the  salvation  of  immortal  souls 
from  hell  and  from  purgatory,  while  they  will  not  move 
a  finger  to  relieve  poor,  suffering,  mortal  bodies  !  Mil- 
lions of  dollars  are  raised,  annually,  in  England  and 
America,  to  save  the  souls  of  the  benighted  heathen  in 
foreign  lands,  while  in  our  own  cities  and  around  our 
own  homes,  the  bodies  of  thousands  of  poor  women  and 
orphan  children  are  perishing,  inch  by  inch,  for  bread. 
The  minister  of  God,  when  called  to  the  bed-side  of 
some  poor  dying  wretch,  whose  very  sickness  is  the  con- 
sequence of  his  poverty,  and  the  sufi"ering  of  his  starving 
wife  and  children,  prays  with  the  most  holy  unction,  an 
hour  and  a  half,  for  the  salvation  of  the  soul  of  the  gasp- 
ing sufferer ;  but  he  says  nothing — he  thinks  nothing, 
about  the  physical  wants  of  this  man  and  his  family. 

Behold  the  millions  annually  extorted  by  Catholic 
priests  from  the  poor  of  her  Church,  for  the  purpose  of 
erecting  gorgeous  temples,  and  other  costly  edifices, 
where  the  souls  of  the  Church  are  to  be  cared  for;   but 

♦James,  2:  14—17. 


JESUS   AND    THE    POOR.  311 

how  seldom  do  they  look  after  the  physical  wants  of  her 
millions  of  perishing  votaries.  A  poor  Irish  woman,  in 
deep  distress,  once  called  on  the  author  of  these  pages, 
for  assistance.  He  investigated  her  case,  gave  accord- 
ing to  his  scanty  means,  and  suggested  that  her  priest 
would  do  something  in  her  behalf,  "  Ah,  sir,"  exclaimed 
the  suffering  creature,  ^'■the  priest  takes  all,  but  gives  no- 
thing.^' In  many  instances  this  is  literally  true.  He 
takes  the  last  dollar  from  the  ignorant  and  superstitious, 
for  looking  after  the  wants  of  their  souls,  and  then  turnsj 
them  over  to  the  world,  to  look  after  their  starving,  rag-' 
ged  bodies.  And  this  is  the  Christianity  of  the  nine- 
teenth century.  Great  God  what  a  farce !  How  long 
to  its  end? 


CHAPTER    III. 

CHARACTER   OF    OUR   CHRISTIANITY. 

Personal  and  National  Pride  and  Fashion  hold  Rule  in  the  Church— Charity  thrust 
out— Landed  Estates  of  Great  Britain  in  Possession  of  the  Aristocracy— Twenty-Six 
Millions  destitute  of  a  foot  of  Territory— The  Church  the  Aristocracy— Cost  of  main- 
taining it  comes  upon  the  Poor— Enormous  Expense  of  maintaining  the  Royal  Family- 
Facts  stated— Christ  and  the  British  Queen— France  and  her  Millions  expended  for 
Ornament-Spain  and  her  Christianity-Strange  Charity  of  a  Queen— What  America 
is  doing. 

We  repeat,  the  condition  of  the  poor  would  be  looked 
after,  their  wants  supplied,  the  workers  better  paid — 
their  homes  improved,  their  minds  and  hearts  benefitted, 
if  Christians  were  what  they  profess  to  be — the  fol- 
lowers OP  Christ.  There  is  no  insurmountable  barrier 
in  the  way.  God's  earth  is  sufficiently  spacious  for  all. 
It  can  be  made  to  produce  enough  for  the  subsistence  of 
five  hundred  times  its  present  population.  The  means  to 
accomplish  the  work  of  improving  the  poor  are  abun- 
dant. All  we  lack  is  disposition.  But,  alas  !  how  great 
is  this  lack !  While  we  profess  to  love  Christ  and  hu- 
manity, and  desire  to  worship  only  these,  we  trample 
them  in  the  very  dust  of  the  earth  in  our  eagerness  to 
approach  the  altars  of  Power,  Ambition,  Gold  and 
Fashion !     These  are  the  gods  we  worship ! 

Look  at  the  facts. 

The  question  which  concerns  the  happiness  of  the 
50,000,000  beggars,  paupers  and  toiling  suff'erers  in 
Christendom,  is  one  of  exceeding  importance.  But  do 
sovereigns  or  kingly  assemblies  ever  consider  it  for  the 
purpose  of  devising  ways  and  means  for  their  relief? 
C312) 


CHARACTER    OF    OUR    CHRISTIANITY.  3lS 

Never.  It  is  not  their  policy.  G-reat  Britain  contains 
27,000,000  of  inhabitants;  26,400,000  of  whom  own  not 
one  inch  of  landed  property.  All  the  territory  of  that 
realm  is  in  the  possession  of  less  than  60,000  families ; 
so  that  more  than  ticenty-six  millions  of  the  people  of 
that  nation,  the  most  enlightened,  Christian  and  loealthy 
on  the  face  of  the  earth,  are  the  vassals  and  slaves  of  an 
aristocracy.  And  the  blackest  feature  of  the  whole 
abominable  system  is  exhibited  in  the  fact  that  the 
Church  of  England  constitutes  that  aristocracy. 

The  established  religion  is  Episcopacy.  The  king  is 
the  supreme  head,  and  the  Church  is  governed  by  two 
archbishops  and  twenty-five  bishops,  who  have  seats  in 
the  House  of  Lords,  and  are  styled  spiritual  lords.  The 
archbishops  have  the  title  of  Grace  and  most  reverend 
father  in  God  by  divine  jyermission,  and  are  "  enthroneds'^ 
Bishops  are  addressed  with  the  title,  Lord  and  right  rev- 
erend father  in  God  by  divine  permission,  and  are  simply 
installed.  These  men  really  have  no  sympathy  for  the 
poor  and  suffering  classes  of  Cod's  children.  They  live 
in  the  most  princely  style,  enjoying  an  annual  income 
each,  of  from  $50,000  to  $1,000,000;  so  that  instead  of 
assisting  the  poor,  the  Church  aristocracy  of  England 
grinds  them  to  dust.  The  greatest  curse  that  the  poor 
of  that  realm  ever  felt,  was  the  law  established  through 
the  influence  of  the  Church  itself,  which  required  one- 
tenth  of  their  annual  income  for  the  support  of  the 
clergy. 

The  entire  government  of  England  is  equally  crush- 
ing, and  the  poor  have  no  possible  means  of  redre.-s. 
When  Victoria,  "  the  Defender  of  the  Faith,"  ascended 
the  throne,  she  had  the  pleasure,  as  youthful  as  she  was, 
of  giving  her  official  sanction  to  an  act  of  Parliament, 
settling  nearly  $2,000,000  a  year  upon  herself  for  life ; 
27 


314  CHARACTER   OF    OUR   CHRISTIANITY. 

at  the  same  time,  the  allowance  to  her  mother  was  in- 
creased to  $40,000  a  year.  The  Queen  now  draws  from 
the  civil  list  of  Ireland  and  Scotland,  poor  and  wretched 
as  they  are,  the  sum  of  $1,415,000,  in  addition  to  the 
amount  voted  her  by  Parliament,  making  an  annual  in- 
come of  $3,340,000.  Besides  all  this,  the  income  fixed 
by  Parliament  for  the  maintenance  of  Albert,  the  hus- 
band of  the  Queen,  is  $150,000  annually;  and  the  Queen 
has  heaped  upon  him  lucrative  appointments  to  such  an 
extent,  that  the  aggregate  of  their  entire  income  is  now 
$4,988,650  every  year,  simply  for  personal  and  domestic 
expenditure.  So  that  the  cost  of  the  government  of  Eng- 
land, for  the  maintenance  of  the  Queen,  her  royal  hus- 
band and  royal  children,  is  at  least  five  millions  of 
DOLLARS  A  YEAR  !  Look  at  that  now,  and  consider  that 
while  $800,000  are  appropriated  annually  to  replenish 
the  table  and  wine  cellar  of  the  Royal  Family,  there  are 
in  the  city  of  London,  and  almost  within  sight  of  the 
Royal  Palace,  30,000  professional  beggars,  and  more  than 
50,000  widows,  orphan  children,  and  toiling  poor,  who 
are  slowly  wasting  into  their  rude  graves  for  the  want  of 
a  sufficiency  of  wholesome  food.  Look  at  that,  and  con- 
sider that  while  the  Queen  has  three  magnificent  palaces 
appropriated  to  her  use,  within  the  borders  of  her  realm 
there  are  millions  existing  in  wretched  shantees,  cellars 
and  garrets,  in  filth  and  vermin,  with  disease  which  fes- 
ters and  rankles  within  them,  many  of  whom  are  ready 
at  any  moment,  to  "  curse  God  and  die."  Look  at  that, 
and  remember  that  the  Queen  of  England  is  a  professed 
Christian,  and  at  the  head  of  the  Church  of  England, 
which  professedly  is  the  Church  of  Christy  the  friend  of 
the  poor.  Look  upon  the  splendor  of  her  throne,  the 
gold  and  purple  and  costly  jewels  which  glitter  and  flash 
upon  her  person,  and  then  think  of  Christ,  her  great 


CHARACTER    OV    OUR    CHRISTIANIl  r.  315 

spiritual  King,  with  his  tattered  robe  all  covered  with 
the  dust  of  rich  men's  chariots,  and  his  unsandalled  feet, 
torn  and  bruised  by  the  road-side  flint,  as  he  hastened 
from  place  to  place  "  to  preach  the  Gospel  to  the  poor, 
and  bind  up  the  bleeding  heart."  How  dissimilar,  when 
contrasted,  do  they  appear.  The  one  in  poverty  and 
rags,  but  comforting  and  protecting  the  "little  ones  and 
the  weak"  of  God's  earth — and  the  other,  clothed  with 
wealth,  glittering  with  fashion  and  splendor,  but  with 
her  heel  treading  upon  the  necks,  and  pressing  the  life's 
blood  from  the  hearts  of  these  same  perishing  ones. 
And  the  Church  and  Parliament  and  aristocracy  of 
Great  Britain  sanction,  sustain  and  perpetuate  this  con- 
dition of  things:  which  shows  that  the  Church  worships 
power,  fashion,  national  pride,  rather  than  Christ.^ 

So  with  any  nation  in  Christendom.  France,  for  in- 
stance, Christian  though  she  professes,  with  her  180,242 
regular  and  secular  clergy  and  nuns,  and  $700,000,000 
of  Church  property,  while  she  enslaves  her  poor  and 
grinds  them  to  powder,  makes  gods  of  her  rich  and  in- 
fluential. Nothing  can  exceed  the  extravagance  of  her 
court.  More  than  $500,000,000  are  expended  annually 
for  ornament  and  show,  by  the  people  of  Paris,  and  yet 
France  has  nearly  5,000,000  of  paupers  and  beggars 
within  her  borders.  At  the  birth  of  the  royal  Prince,  a 
short  time  since,  presents  to  the  amount  of  nearly 
2,000,000  francs  were  forwarded  to  the  Empress  for  the 
royal  infant;  while  the  starving  and  perishing  of  the 

*  The  Queen  of  England  is  unquestionably  a  benevolent  woman,  natu- 
rally. The  facts  presented  above  show  the  love  of  power  and  the  force 
of  education.  The  sin  of  Great  Britain  in  lavishing  so  much  upon  the 
crown,  while  it  starves  its  poor,  is  enormous.  A  few  months  since  the 
Queen  called  on  Parliament  for  an  appropriation  of  $32,000  a  year,  to 
maintain  the  stables  of  the  young  Prince  ;  which  is  $7,000  more  than  is 
appropriated  annually  by  the  United  States  to  maintain  the  White 
ffouse  at  Washington. 


31#  CHARACTKK    OF    OlR    CHRISTIANITY. 

nation  were  forgotten  *  Prof.  Paul  Dubois,  the  attending 
physician,  received  30,000  francs  for  his  services,  and  the 
public  demonstrations  of  joy  at  the  event  cost  $500,000. 

Spain,  so  far  as  her  means  will  permit,  shows  that  her 
Christianity  is  in  keeping  with  that  of  France  and  Eng- 
land, though  more  superstitious.  She  never  legislates 
for  the  poor,  but  always  agaiiist  them.  A  short  time 
since  the  Queen  of  that  country,  forgetting  the  wants  of 
her  suflfering  subjects,  gave  a  new  cloak,  ornamented 
with  garnets  to  the  value  of  200,000  reals,  to  a  statue  of 
the  Virgin  Sonons.  In  this  strange  act  is  exhibited  the 
character  not  only  of  her  charity,  but  her  Christianity. 
Famishing  and  perishing  human  beings,  by  thousands, 
are  at  her  very  feet  begging  for  aid,  and  she  passes  by 
them  all  to  bestow  her  gifts  on  a  cold,  lifeless  statue. 

In  our  own  country,  the  inconsistency  of  our  Christi- 
anity is  apparent,  though  not  of  the  same  character. 
Our  form  of  government  is  more  republican.  The  White 
House  in  Washington  is  not  so  gorgeous  as  the  Queen's 
Palace  in  London;  and  the  Presidential  Chair  yields  but 
$25,000  a  year,  instead  of  $5,000,000,  for  which  we 
should  be  duly  grateful  to  God  and  the  wisdom  of  our 
ancestors.  Yet  such  is  the  character  of  our  government, 
the  want  of  true  Christian  sentiment,  and  the  spirit  of 
patriotism  among  the  leading  politicians  and  law-makers 
of  our  nation,  that  while  we  economize  in  the  President's 
salary,  we  permit  millions  of  the  public  moneys  to  be 
squandered  in  electioneering  purposes.  How  much  effort 
is  made,  and  time  and  means  spent  by  legislative  bodies, 
to  aggrandize  "  the  party,"  extend  the  borders  of  the 
Republic,  and  build  up  personal  and  selfish  interests ; 
but  how  little  in  aid  of  any  cause  of  real  humanity.    We 

*  With  honor  be  it  remembered,  that  the  Emperor  had  many  of  the 
presents,  or  an  eqaivalent,  appropriated  to  the  wants  of  the  poor. 


CHARACTER   OF   OUR   CHRISTIANITY.  317 

have  no  money  for  benevolence ;  no  time  to  pass  laws  for 
the  improvement  of  the  homes  of  our  poor,  or  benefitting 
the  social  condition  of  the  unfortunate — but  time  enough 
to  annex  new  States,  to  quarrel  with  our  neighbors,  leg- 
islate ourselves  into  bloody  wars  with  them,  and  millions 
at  command  to  defray  all  expenses. 

By  thus  glancing  at  the  ruling  motives  of  some  of  the 
leading  nations  in  Christendom,  in  the  administration  of 
government,  we  behold  the  inconsistency  of  our  Christi- 
anity. The  truth  is,  there  is  no  government  on  earth 
that  is,  in  the  slightest  degree,  entitled  to  the  name 
Christian.  The  plea  offered  both  by  nations  and  indi- 
viduals, for  the  neglect  of  the  doomed  millions  of  our 
earth,  is  a  want  of  means  to  assist  them.  England,  France 
and  Russia  have  always  presented  this  ostensibly  as  an 
apology  for  their  apathy  ;  and  yet  France  herself  ac- 
knowledged that  the  Russian  war,  while  it  raged  during 
the  last  two  years,  cost  in  the  aggregate  the  enormous 
sum  of  one  million  of  dollars  per  day^  or  over  one  thousand 
millions  during  the  war.  If  this  money  had  been  ex- 
pended for  the  moral,  intellectual,  social  and  physical 
improvement  of  the  50,000,000  beggars  and  paupers  of 
Europe,  how  vast  the  amount  of  happiness  would  it  have 
secured.  But  instead,  it  paid  for  cutting  men's  throats, 
blowing  them  to  atoms — plundering,  pillaging,  burning 
towns,  and  destroying  public  buildings:  in  a  word,  it 
paid  for  all  the  horrid  evils  of  a  bloody  and  terrible  war, 
during  which  more  than  300,000  Christians  loere  slain  hy 
their  brother  Christians.  And  this  is  the  Christianity  of 
the  nineteenth  century.  We  have  no  means  to  educate 
the  ignorant,  feed  the  starving,  clothe  the  naked,  and 
improve  the  dwellings  of  our  millions  of  perishing 
brethren  and  sisters  of  the  human  race;  but  means 
enough  to  press  them  into  the  national  serviccj  and  grind 


318  CHARACTER   OF    OUR    CHRISTIANITY. 

them  to  powder !  means  enough  to  lay  waste  green  fields, 
destroy  dwellings,  and  drench  whole  towns  in  the  blood 
of  our  brethren ! 

And  this  is  not  all ;  the  Christianity  of  social  life  is 
even  more  inconsistent  than  that  which  pervades  national 
governments.  Consider,  a  moment,  the  extravagance  of 
fashion  in  London,  Paris,  New- York,  Philadelphia  and 
Cincinnati.  We  have  already  glanced  at  this  subject. 
"iVb  means  to  assist  the  poor;^'  and  yet  what  millions  are 
annually  expended  by  the  rich  and  fashionable  of  the 
Church,  for  mere  show.  What  sumptuous  dwellings, 
rich  furniture,  splendid  carriages  and  costly  churches! 
Visit  the  church*  of  Bishop  Bloomfield  in  London,  on 
the  Sabbath,  and  you  will  behold  gold  and  jewels  suffi- 
cient to  purchase  all  the  poor  of  London  good  houses, 
food,  clothing  and  fuel  for  twenty  years  to  come.  One 
of  the  leading  journals  of  Paris,  in  speaking  of  the  grow- 
ing disposition  to  extravagance  in  that  city,  says : 

"  The  Parisian  ladies  seem  to  be  afflicted  this  season 
with  a  perfect  mania  for  magnificent  toilettes ;  indeed, 
extravagance  and  sinful  profuseness  are  carried  to  the 
extreme.  An  instance  of  this  is  furnished  in  the  prepa- 
ration of  a  'layette,'  (a  new-born  infant's  trousseau.)  in- 
tended for  a  private  family.  The  robe  for  the  baptismal 
ceremony  is  of  white  silk,  covered  with  three  flounces  of 
deep  point  d'angleterre  lace;  the  body  and,  sleeves  of 
the  same  material,  and  the  whole  ornamented  with  bows 
of  broad  white  ribbon.  The  cloak  is  gorgeously  em- 
broidered with  silk,  with  a  deep  lace  flounce,  and  the 
hood  is  composed  of  silk  lace  and  feathers.  The  whole 
of  the  child's  toilette  is  in  the  same  style  of  magnifi- 
cence, and  probably  will  not  cost  much  short  of  eighteen 
or  twenty  thousand  dollars  I 

*  Where  the  Roval  Household  attend. 


CHARACTER   OF    OUR   CHRISTIANITY.  319 

Even  the  fans  in  use  this  season  are  marked  by 
elaborateness  of  workmanship,  and  cost  as  high  as  $2,000 
each.  Twenty  or  thirty  dollars  is  considered  the  merest 
trifle  for  one  of  theise  highly  decorated,  carved,  and  en- 
riched articles." 

And  yet,  these  fashionable  Christian  ladies  havn't  the 
means  of  assisting  some  starving  wretch  with  a  crust  of 
bread ;  but  if  he  should  apply  at  their  sumptuous  estab- 
lishments for  aid,  would  drive  him  oflf  with  dogs  or  send 
him  to  the  watch-house — indignantly  exclaiming :  "Why 
are  these  pests  of  society  permitted  to  trouble  honest 
people?     Do  they  think  we  are  made  of  gold?" 

In  New-York,  Philadelphia  and  Cincinnati  the  same 
extravagance  exists.  The  duties  on  imported  silks,  lace, 
artificial  flowers  and  other  articles  of  ornament,  are  suffi- 
cient alone  to  relieve  and  maintain  all  the  poor  of  our 
land.  In  New- York  it  is  no  uncommon  thing  for  a  lady 
— member  of  the  Church — to  expend  $10,000  a  year  in 
dress  and  ornament ;  while  she  has  not  a  dollar  for  the 
poor,  and  screws  down  her  servants^  wages  to  the  lowest  mill. 
That  is  our  Christianity. 

In  that  city  bridal  presents  have  become  fashionable. 
Sometimes  gifts  to  the  amount  of  $20,000  are  bestowed, 
on  the  nuptials,  in  articles  that  can  never  be  used,  while 
the  money  with  which  they  are  purchased  is  wrung  from 
the  blood  and  sweat  of  perishing  oneSj  who  are  doomed  to 
foil  early  and  late^  as  we  have  seen,  for  a  mere  pittance 
Here  is  the  Christianity  of  the  nineteenth  century. 

Says  the  Philadelphia  Ledger:  "  A  fashionable  dry- 
goods  dealer  advertises  a  lace  scarf  worth  fifteen  hundred 
dollars.  Another  has  a  bridal  dress,  for  which  he  asks 
twelve  hundred  dollars.  Bonnets  at  two  hundred  dollars 
are  not  unfrequently  sold.  Cashmeres  from  three  hun- 
dred dollars  and  upward  are  seen  by  dozens  in  a  walk 


dS^  CHARACTER   OP   OUR   CHRISTIANITY. 

along  Broadway.  A  hundred  dollars  is  quite  a  common 
price  for  a  silk  gown.  In  a  word,  extravagance  in  dresa 
lias  reached  a  height  which  would  have  frightened  our 
prudent  grandmothers  and  appalled  their  husbands.  A 
fashionable  lady  spends  annually  on  her  milliner,  man- 
tua-maker  and  lace-dealer  a  sum  that  would  have  sup- 
ported an  entire  household,  even  in  her  own  rank  in 
life,  in  the  days  of  Mrs.  Washington.  Add  to  this  the 
expenditure  for  opera  tickets,  for  a  summer  trip  to  the 
springs,  and  for  a  score  of  little  inevitable  et  ceteras,  and 
the  reader  gets  some  idea  of  the  comparatively  wanton 
waste  of  money,  carried  on  year  after  year,  by  thousands, 
if  not  tens  of  thousands,  of  American  women." 

Yes,  and  while  millions  of  toiling  poor  are  suffering 
all  around  them  for  the  common  necessaries  of  life.  We 
repeat,  this  is  our  Christianity  I 

"  In  Cincinnati,  we  havn't  the  means  to  do  a  work  of 
humanity."  Last  Christmas  a  great  and  general  effort 
was  made  by  the  friends  of  the  Cincinnati  Orphan  Asy- 
lum, (an  excellent  Christian  institution,)  to  obtain  aid 
for  the  further  usefulness  of  the  institution.  All  the 
Protestant  clergymen  in  the  city  were  appealed  to,  who 
in  turn  appealed  to  the  hearts  and  pockets  of  their 
fashionable  Christian  hearers,  on  the  Sabbath  previous 
to  Christmas,  and  called  upon  them  in  the  name  of  all 
that  was  beautiful  and  divine,  to  assist  in  this  good  work 
to  the  utmost.  Collections  were  taken  in  everi/  Church; 
and  the  entire  aggregate  amounted  to  just  one-fifth  of  the 
annual  expenditure  of  a  single  fashionable  Christian  lady 
of  our  city,  for  dress,"^  viz:  $1,013.69.  From  all  the 
merchants  on  Pearl  street,f  there  was  collected  $374.00. 

*  We  have  been  informed,  from  a  source  we  have  no  reason  to  doubt 
that  the  expense  of  some  ladies  in  this  city  for  personal  decoration,  is  not 
less  than  $6,000  a  year. 

t  Wholesale  Dealers. 


CHARACTER    OF    OUR   CHRISTIANITY.  321 

From  various  other  persons  and  associations,  $180.00. 
Total,  $1,567.69 — for  which  the  managers  of  the  institu- 
tion "returned  their  grateful  acknowledgments;"  more 
than  intimating  that  notwithstanding  the  great  need  of 
the  "institution  for  a  much  larger  sum,"  this  "far  ex- 
ceeded their  most  sanguine  expectations :"  and  yet  the 
sum  total  was  not  equal  to  what  some  one  of  our  fashion- 
able Christians  throws  away  every  year  for  extravagance, 
or  expends  in  a  single  ornament  for  the  person  or  the 
parlor. 

A  few  years  since,  the  fashionables  from  different 
parts  of  the  country,  stopping  at  Newport,  R.  I.,  during 
the  warm  season,  had  a  "Grand  National  Fancy  Ball." 
It  was  styled  "  a  magnificent  affair."  The  Ocean  House 
hall  was  decorated  for  the  occasion,  at  an  expense  of 
$1,200.  The  tickets  of  admission  were  $18  each,  and 
there  were  six  hundred  persons  present.  The  whole 
expense  of  "  this  glorious  occasion,"  said  the  reporters, 
"  could  not  have  been  less  than  $30,000.  The  helJe  of 
the  party  was  the  youthful,  elegant  and  fascinating 
Madame  Laverte,  of  Alabama.  Her  dress  was  a  superb 
satin,  ornamented  with  pearls  and  gold  embroidery,  and 
cost  $6,000.  Many  other  dresses  were  equally  beautiful 
and  costly.  What  a  magnificent  entertainment !  How 
brilliant! — how  enchanting!"  To  be  sure.  And  we 
make  no  war  upon  the  custom  of  social  life  that  sanc- 
tions such  displays.  This  is  not  the  design  of  this  book. 
But  while  we  look  upon  an  entertainment  so  magnificent, 
we  would  not  forget  the  thousands  in  our  country, 
clothed  in  rags  and  starving  for  bread;  and  above  all,  we 
would  not  have  the  participators  in  all  the  extravagance 
we  have  described,  repeat  that  they,  and  Christian  society 
generally,  have  no  means  to  assist  the  poor.  It  is  false! 
We  have  means  enough ;  all  we  want  is  the  disposition. 


322  CHARACTER   OP   OUR   CHRISTIANITY. 

Tell  me  not  tliat  Cincinnati,  where  the  hardiest  enterprise 
prevails,  and  which  has  the  means  to  build  a  thousand 
miles  of  railroad,  dig  down  or  tunnel  mountains,  fill 
valleys,  build  steam-ships  and  bridges  and  stores,  and 
expend  $5,000,000  annually  in  extravagance,  has  no 
means  to  assist  the  poor.  What  she  needs  is  the  will.  So 
of  other  cities.  States,  and  the  nation.  God  has  given 
us  the  most  plentiful  land  on  the  globe.  We  have  an 
abundance.  Let  us  cultivate  a  disposition,  and  the  per- 
ishing classes  will  rise  up  and  call  us  blessed. 


CHAPTER    IV. 

AN  APPEAL. 

Oneness  of  the  Human  Family— Dependence  of  all  Classes  mutual— Appeal  to  Heml)en 
of  our  National  Councils-  To  Christian  Ministers,  Lawyers,  Doctors,  Teachers,  Art- 
ists, Farmers.  Mechanics,  Traders,  the  Old  and  Young,  Learned  and  Ignorant,  to  help 
in  the  good  Work— Brighter  Day  dawning— Conclasion. 

In  conclusion,  we  affectionately  appeal  to  our  fellow- 
creatures  of  all  classes  and  both  sexes,  especially  to  pro- 
fessed Christians,  to  assist  in  the  furtherance  of  the 
principles  advocated  in  this  volume,  so  far  as  you  believe 
them  to  be  in  harmony  with  true  Christian  philosophy, 
and  for  the  happiness  and  well-being  of  the  human  fam- 
ily. "  Grod  hath  created  of  one  blood  all  the  nations  of 
men  to  dwell  on  all  the  face  of  the  earth."  The  depen- 
-dence  and  happiness  of  all  classes  are  mutual.  "  As  we 
have  many  members  in  one  body  and  all  members  have 
not  the  same  office,  so  we  being  many  are  one  body  in 
Christ  Jesus,  and  every  one  members  one  of  another.""^ 
Here  the  human  form  is  made  to  represent  the  human 
race.  The  head,  the  eyes,  the  hands,  the  feet,  are  all 
members  of  the  same  body,  and  though  each  has  its  dis- 
tinct office,  all  are  but  one  body,  and  every  one  members 
one  of  another.  Some  men  operate  by  skill;  others,  by 
capital;  and  others  still,  by  labor:  but  each  of  these 
classes  is  necessary  to  the  others'  happiness.  Infinite 
Wisdom  hath  appointed  this  diversity  for  the  general 
good,  as  the  apostle  declares :  "  Now  hath  God  set  the 
members  every  one  of  them  in  the  body   as   it   hath 

*  Rom.  12:  4—5. 

(828) 


324  AN   APPEAL. 

pleased  him,  *  ^  and  tempered  them  together.  The  eye 
cannot  say  unto  the  hand,  I  have  no  need  of  thee;  nor 
again  the  head  to  the  feet,  I  have  no  need  of  you.  Nay, 
even  those  members  of  the  body  which  seem  to  be  more 
feeble,  are  necessary ;  and  those  which  we  think  are  less 
honorable,  are  worthy  of  more  abundant  honor." 

Remember,  then,  my  reader,  that  every  other  human 
being  is  a  portion  of  the  great  body  of  humanity,  of 
which  you  are  a  constituent  member ;  and  that  it  is  im- 
possible for  you  to  wrong  or  oppress  any  brother  or 
sister  of  the  human  race,  however  abject  or  culpable, 
without  injuring  yourself.  "  God  hath  tempered  ^;±q 
whole  body  together,  that  the  members  should  have  the 
same  care  one  of  another.  And  whether  one  member 
suffer,  all  the  members  suffer  with  it ;  or  one  member  be 
honored,  all  the  members  be  honored  with  it."*  Quaint 
old  Fuller  says :  "  Let  him  who  expects  one  class  of 
society  to  prosper  in  the  highest  degree  while  the  other 
is  in  distress,  try  whether  one  side  of  his  face  can  smile, 
while  the  other  is  pinched.     The  thing  is  impossible!". 

Let  members  of  our  national  council;^  and  all  our  leg- 
islative bodies,  then,  in  making  laws  for  the  punishment 
and  suppression  of  crime,  and  for  the  government  of  the 
people  generally,  see  to  it,  that  while  the  criminal  is 
punished  as  the  nature  of  his  deeds  demands,  that  he  is 
not  utterly  crushed,  but,  if  possible,  improved;  and  that 
the  poor  and  ignorant — the  toiling  and  suffering  classes, 
are  favored  as  their  situation  and  a  prudent  wisdom  may 
dictate.  The  happiest  people  on  earth  have  been  those 
who  were  governed  by  mild  and  humane  sovereigns,  who ' 
studied  for  the  improvement  and  happiness  of  the  weak 
ones  of  the  body  politic.  Let  the  whole  body  be  "  tem- 
pered together,"   and  all  legislation  be  had  with  an  eye 

*1  Cor.  12:  26-27. 


AN    APPEAL.  3^ 

single  to  the  welfare  and  happiness  of  every  member  of 
the  body,  and  prosperity  and  a  general  elevation  must 
be  the  result. 

To  the  ministers  of  the  Gospel,  we  would  appeal  for 
their  hearty  co-operation  in  extending  the  principles 
advanced  here,  if  in  harmony  with  their  convictions  of 
the  Christian  religion.  Let  us  not  be  Christians  in  name 
only,  but  "  in  deed  and  in  truth."  Let  us  study  to  apply 
the  teachings  of  Christ  to  the  wants  of  humanity,  for  this 
is  the  very  object  of  the  Christian  religion.  Take,  then, 
thi  great  subject  with  you  into  the  pulpit,  my  brother, 
and  you  have  Christ  there  with  out-stretched  arms, 
blessing  the  poor,  the  unfortunate  and  sinful  of  our 
earth. 

To  all  the  generous,  loving  and  hopeful,  we  appeal, 
whether  in  the  Church  or  out,  who  have  charity  for  the 
imperfections  of  humanity,  and  confidence  in  the  moral 
power  of  goodness ;  and  we  beseech  you  to  give  coun- 
tenance and  favor  to  the  principles  we  enforce.  Make 
them  practical  as  opportunity  may  offer,  that  they  may 
be  the  more  truly  known  and  felt  among  men.  What 
you  need  is  a  heart  to  work.  God  give  it  to  you,  for 
if  you  have  hearts,  you  will  work,  and  the  world  will  be 
Christianized,  which  is  what  it  needs. 

To  men  of  all  professions — the  lawyer,  the  physician, 
the  teacher,  the  farmer,  the  mechanic,  the  trader,  the 
seaman,  the  artist — the  young  and  the  old — the  learned 
and  the  ignorant — male  and  female,  we  appeal.  Do  not 
turn  away  from  this  subject  as  if  of  no  importance,  or 
condemn  it  without  a  faithful  examination.  The  doomed 
classes  of  which  we  have  spoken,  are  your  brethren  and 
sisters.  To  mitigate  their  sufferings  and  rectify  the 
evils  and  errors  of  society,  is  so  palpably  your  duty  that 
you  dare  not  deny  it.     Will  you  not,  then,  go  about 


326  AN  APPEAL. 

-  your  duty  ?     What  hinders  you  ?     It  may  be  avarice,  or 

ambition,  or  pride,  or  fashion.     But  these  have  no  right 

^  to  a  place  in  your  heart,  to  the  injury  of  others,  and 

should  be  rooted  up.  A  few  years,  at  most,  and  we  shall 
all   lie  on  a  level,  low  in  the  dust  of  the  earth ; — or 

» .*  rather,  be  translated  into  a  brighter  world  of  immortality. 

Why  not,  then,  work  for  Humanity  while  our  day  lasts? 

Is  there   anything  better  for  us  to  do?     Is  there  not 

something  divine  in  lifting  up  the  criminal  and  perish- 

*_^     ing  classes?    Was  not  Christ  found  in  this  very  employ- 

T^*;  '  ment?  Ah!  the  day  approaches  when  the  true  spirit 
/  .  and  design  of  Christianity  will  be  known  and  felt. 
"  Onward,  upward  irresistibly,  shall  move  the  spirit  of 
Reform,  abasing  the  proud,  exalting  the  lowly,  until 
Oppression  and  Tyranny,  Sloth  and  Selfishness,  Want 
and  Ignorance,  Cruelty  and  Inhumanity  shall  be  swept 
from  the  face  of  the  earth,  and  a  Golden  Age  of  Knowl- 
edge, of  Virtue,  of  Plenty  and  Happiness  shall  dawn  up- 
on our  sinning  and  sufi*ering  race."  God  help  us  to 
engage  with  alacrity  in  whatever  labor  is  necessary  to 
produce  a  consummation  so  hopeful. 

■);  I    ift.     "  A  brighter  morn  awaits  the  human  day, 
-*       '      When  every  transfer  of  Earth's  natural  gifts 

Shall  be  a  commerce  of  good  words  and  works  ; 
When  poverty  and  wealth,  the  thirst  of  fame, 
The  fear  of  infamy,  disease,  and  woe, 
War  with  its  million  horrors,  and  fierce  hell 
Shall  live  but  in  the  memory  of  time, 
Who,  like  a  penitent  libertine,  shall  start, 
Look  back,  and  shudder  at  his  younger  years." 


lt5h 


1.  . 

j  PIl^^^^^^^^H 

i  'f'yl^^^^^^^^^^H 

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. 

s^m^^^^^^^^m 

